Sec. 41.1011.  ACTION BY DEPARTMENT.  (a)  On receipt of a complaint from the board under Section 41.101(a)(3), the department may investigate, audit, and inspect the records of the person who is the subject of the complaint, provided that any audit or inspection must take place during normal business hours.
(b)  On determination by the department that a person has failed to collect an assessment or failed to remit to the board an assessment collected from a producer or processor, the department may:
(1)  request a hearing under Section 12.032 to determine the amount of payment due to the board, including interest at an annual rate of 10 percent, and issue an order that the person pay the required amount to the board;
(2)  impose an appropriate administrative penalty;  and
(3)  request the attorney general or a county or district attorney having jurisdiction to bring an action for appropriate civil or criminal penalties or injunctive relief.
(c)  The attorney general may bring a civil action to enforce an order of the department and collect any amounts owed under the order, including costs and fees under Subsection (d).
(d)  On prevailing in an action commenced by the department through the attorney general or a county or district attorney under this section, the department and the attorney general or county or district attorney are each entitled to recover, in addition to other relief available:
(1)  investigation costs and fees;
(2)  reasonable attorney's fees;  and
(3)  court costs.
(e)  Suit under this section may be brought in Travis County or a county in which the person who failed to collect or remit an assessment conducts business related to the commodity subject to the uncollected or unpaid assessment.
(f)  An assessment and any interest collected under this section shall be deposited in the account of the board that levied the assessment.
(g)  The remedies provided by this section are cumulative of other remedies provided by law.
Added by Acts 2001, 77th Leg., ch. 374, Sec. 3, eff. May 25, 2001.