Texas Agriculture Code 41.101 – Failure to Remit Assessment
(a) The board may investigate conditions that relate to the prompt remittance of the assessment by any producer or processor. If the board has probable cause to believe that a person has failed to collect an assessment or failed to remit to the board an assessment as required by this chapter, the board may:
(1) independently institute proceedings for recovery of the amount due to the board or for injunctive or other appropriate relief;
(2) request the attorney general, or the county or district attorney having jurisdiction, or both, to institute proceedings in the board’s behalf; or
(3) forward to the department for action under Section 41.1011 a complaint and any original evidence or other information establishing probable cause.
(b) Suit under this section may be brought in Travis County or a county in which the person who is alleged to have failed to collect or remit an assessment conducts business related to the commodity subject to the uncollected or unpaid assessment.
Terms Used In Texas Agriculture Code 41.101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(c) The remedies provided by this section are cumulative of other remedies provided by law.