Sec. 102.168. ENFORCEMENT BY CIVIL SUIT. (a) The state or, with the approval of the department, an administrative committee may sue a person who:
(1) wilfully exceeds any quota, allotment, or salable percentage fixed for the person under a license issued or rule adopted by the department;
(2) makes a shipment without first obtaining a required allotment or quota or qualifying to ship the person's salable percentage; or
(3) knowingly participates or aids in activities under Subdivision (1) or (2) of this subsection.
(b) If successful in a suit under Subsection (a) of this section, the state or administrative committee is entitled to recover an amount equal to three times the current market value of the citrus fruit excess or the citrus fruit shipment, as applicable. Funds recovered in a suit under this section shall be used in the administration of the license involved in the suit.
Acts 1981, 67th Leg., p. 1273, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle D - Handling and Marketing of Horticultural Products
Chapter 102 - Handling and Marketing of Citrus Fruit
Subchapter C. Citrus Marketing Agreements and Licenses
Section 102.153. Limited Application of Subchapter
Section 102.154. Marketing Agreements and Licenses
Section 102.157. Terms of Agreement or License
Section 102.158. Administrative Committee
Section 102.160. Approval by Producers and Handlers
Section 102.161. Uniform Licenses
Section 102.163. Amendment of Marketing Agreement or License
Section 102.164. Suspension or Termination of Marketing Agreement or License
Section 102.165. Suspension or Revocation of Individual License
Section 102.167. Powers and Duties of the Department
Section 102.168. Enforcement by Civil Suit
Section 102.170. Attorney's Fees; Venue; Cumulative Remedies