Sec. 1951.602. CIVIL PENALTY; INJUNCTION. (a) A person who violates this chapter or a rule, license, or order of the commissioner is subject to a civil penalty of not less than $50 or more than $2,000 for each act of violation and for each day of violation.
(b) If it appears that a person has violated or is threatening to violate this chapter or a rule, license, or order of the commissioner, the commissioner may have a civil action instituted in a district court for:
(1) injunctive relief to restrain the person from continuing the violation or threat of violation;
(2) the assessment and recovery of a civil penalty under Subsection (a); or
(3) both injunctive relief and the civil penalty.
(c) On application for injunctive relief and a finding that a person is violating or threatening to violate this chapter or a rule, license, or order of the commissioner, the district court shall grant injunctive relief as the facts warrant.
(d) At the request of the commissioner, the attorney general shall institute and conduct an action in the name of the state for the injunctive relief, to recover the civil penalty, or both.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.76, eff. September 1, 2007.
Structure Texas Statutes
Title 12 - Practices and Trades Related to Water, Health, and Safety
Subtitle B - Practices Related to Health and Safety
Chapter 1951 - Structural Pest Control
Subchapter M. Other Penalties and Enforcement Provisions
Section 1951.601. Enforcement Action for Misapplication of Pesticides