Texas Agriculture Code 14.081 – Offense Is Violation; Standard of Proof
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(a) Commission of an offense under this chapter is also a violation for purposes of administrative enforcement by the department.
(b) Proof of a violation under this chapter for purposes of administrative enforcement, by assessment of an administrative penalty or license sanction, is by a preponderance of the evidence.
Terms Used In Texas Agriculture Code 14.081
- Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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) In an administrative enforcement action against a person for the commission of an offense under this chapter, the department is required to prove any intent element provided by the description of the offense.
(d) Both an administrative enforcement action and a criminal prosecution may be maintained against a person who violates this chapter.