Sec. 71.012.  CIVIL PENALTY;  INJUNCTION.  (a)  Except as provided by Subsections (a-1) and (a-2), a person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not less than $250 nor more than $10,000 for each violation. Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.
(a-1)  Subject to Subsection (a-2), a person who violates a quarantine established under this subchapter against a pest or disease affecting pecans or pecan trees or violates a rule adopted under this subchapter for the protection of pecans or pecan trees is liable to the state for a civil penalty of not less than $500 nor more than $20,000 for each violation. Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.
(a-2)  For the first violation of a quarantine established under this subchapter against a pest or disease affecting pecans or pecan trees or a violation of a rule adopted under this subchapter for the protection of pecans or pecan trees, in lieu of a civil penalty, a registrant under Section 71.043 may remedy the violation by entering into a compliance agreement with the department and returning, treating, or destroying the article subject to the quarantine as directed by the department.
(b)  On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.
(c)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the General Revenue Fund.  All civil penalties recovered in suits first instituted by a local government or governments under this section shall be equally divided between the State of Texas and the local government or governments with 50 percent of the recovery to be paid to the General Revenue Fund and the other 50 percent equally to the local government or governments first instituting the suit.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this subchapter or a rule adopted under this subchapter.  On request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or is occurring shall file suit for the injunctive relief.  Venue is in the county in which the alleged violation is threatened or is occurring.
Acts 1981, 67th Leg., p. 1155, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 244, ch. 22, art. II, Sec. 6, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., ch. 230, Sec. 44, eff. Sept. 1, 1989.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 1016 (H.B. 3289), Sec. 1, eff. September 1, 2021.