Texas Agriculture Code 147.064 – Appropriation of Proceeds of Sale
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(a) A person commits an offense if, as a livestock commission merchant, the person appropriates or uses any portion of the net proceeds of the sale of livestock for a purpose other than remitting the proceeds under § 147.004 of this code.
(b) A person commits an offense if, as a livestock auction commission merchant, the person appropriates or uses any portion of the net proceeds of the sale of livestock for a purpose other than remitting the proceeds under § 147.004 of this code.
Terms Used In Texas Agriculture Code 147.064
- Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- 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
- 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
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) An offense under Subsection (a) is a felony punishable by imprisonment in the Texas Department of Criminal Justice for not less than two years nor more than four years.
(d) An offense under Subsection (b) of this section is a misdemeanor punishable by:
(1) a fine of not more than $1,000; and
(2) confinement in county jail for not more than one year.