Sec. 14.081. OFFENSE IS VIOLATION; STANDARD OF PROOF. (a) Commission of an offense under this chapter is also a violation for purposes of administrative enforcement by the department.
(b) Proof of a violation under this chapter for purposes of administrative enforcement, by assessment of an administrative penalty or license sanction, is by a preponderance of the evidence.
(c) In an administrative enforcement action against a person for the commission of an offense under this chapter, the department is required to prove any intent element provided by the description of the offense.
(d) Both an administrative enforcement action and a criminal prosecution may be maintained against a person who violates this chapter.
Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 2 - Department of Agriculture
Chapter 14 - Regulation of Public Grain Warehouse Operators
Section 14.081. Offense Is Violation; Standard of Proof
Section 14.082. Discovery of Shortage; Refusal of Inspection
Section 14.083. Denial, Revocation, Modification, or Suspension of License or Probation
Section 14.084. Operation After Revocation or Suspension of a License or Probation