Sec. 61.017. PROSECUTIONS. (a) If the department has reason to believe that a person has violated any provision of this chapter, the department shall conduct a private hearing on the alleged violation, giving the accused the opportunity to appear and, either in person or by agent or attorney, present evidence. After the hearing, or without a hearing if the accused or the agent or attorney of the accused fails or refuses to appear, the department may file with the appropriate district or county attorney the evidence of the violation or take other steps necessary to institute the prosecution of the violation. Venue for the prosecution is in the area in which the violation occurred.
(b) The county or district attorney or the attorney general, as applicable, shall institute proceedings at once against the person charged with the violation, if in his or her judgment the information submitted warrants the action.
(c) After judgment by a court in any case arising under this chapter, the department may publish any information pertinent to the issuance of the judgment in any media that it considers appropriate.
Acts 1981, 67th Leg., p. 1132, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle A - Seed and Fertilizer
Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed
Section 61.002. Administration; Rules
Section 61.003. Classification of Seeds
Section 61.004. Labeling of Agricultural Seed
Section 61.005. Labeling of Vegetable Seed
Section 61.006. Labeling of Treated Seed
Section 61.007. Certified Seed
Section 61.008. Noxious Weed Content
Section 61.009. Germination and Purity Testing
Section 61.010. Inspection of Seed
Section 61.011. Agricultural Seed Inspection Fee and Permit
Section 61.012. Cancellation or Revocation of Agricultural Seed Permit
Section 61.013. Vegetable Seed License
Section 61.0135. Revocation, Modification, or Suspension of License
Section 61.014. Stop-Sale Order