(a) A person commits an offense if, as a livestock commission merchant, the person intentionally fails and refuses to remit the net proceeds of a sale of livestock in accordance with § 147.004 of this code.
(b) A person commits an offense if, as a livestock auction commission merchant, the person intentionally fails and refuses to remit the net proceeds of a sale of livestock in accordance with § 147.004 of this code.

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Terms Used In Texas Agriculture Code 147.063

  • Livestock: means cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids, and hogs, unless otherwise defined. See Texas Agriculture Code 1.003
  • Month: means a calendar month. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) An offense under Subsection (a) of this section is a misdemeanor punishable by:
(1) a fine of not less than $100 nor more than $1,000;
(2) confinement in county jail for not less than 1 month nor more than 12 months; or
(3) both fine and confinement under this subsection.
(d) An offense under Subsection (b) of this section is a misdemeanor punishable by:
(1) a fine of not less than $25 nor more than $100;
(2) confinement in county jail for not more than 30 days; or
(3) both fine and confinement under this subsection.