Tex. Agric. Code § 71.060 · Subchapter B. INSPECTION OF NURSERY PRODUCTS AND FLORIST ITEMS
STOP-SALE ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the department has reason to believe that a florist item or nursery product is in violation of this subchapter or a rule adopted under this subchapter, the department may issue and enforce a written order to stop the sale of the florist item or nursery product. The department shall present the order to the owner or the person in control of the florist item or nursery product. The person who receives the order may not sell the florist item or nursery product until discharged by a court under Subsection (b) of this section or until the department determines that the florist item or nursery product is in compliance with this subchapter and the rules adopted under this subchapter.
(b) The owner or the person in control of any florist item or nursery product prohibited from sale by an order of the department is entitled to sue in a court of competent jurisdiction where the florist item or nursery product is found for a judgment as to the justification of the order and for the discharge of the florist item or nursery product from the order in accordance with the findings of the court.
(c) This section does not limit the right of the department to proceed as authorized by another section of this subchapter.
Notes and commentary — not statutory text
History
Added by Acts 1989, 71st Leg., ch. 230, Sec. 58, eff. Sept. 1, 1989.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/AG/htm/AG.71.htm
- Text hash
- sha256 58b07e12ac7d226afa57847ab8d7142d9a4ce3c096e92f3e1f39ea004f2fef9c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.