Texas § AG.19.011 - STOP-SALE ORDER

§ AG.19.011. STOP-SALE ORDER

STOP-SALE ORDER. (a) If a person offers citrus budwood or a citrus nursery tree for sale falsely claiming that it is certified, that it comes from a designated foundation grove, or that it comes from a certified citrus nursery, or offers citrus budwood, a citrus nursery tree, or citrus nursery stock for sale in violation of rules adopted under this chapter, the department may issue a written order to stop the sale of that citrus budwood, citrus nursery tree, or citrus nursery stock. A person may not sell citrus budwood, a citrus nursery tree, or citrus nursery stock that is subject to a stop-sale order under this section until: (1) the sale is permitted by a court under Subsection (b); or (2) the department determines that the sale of the citrus budwood, citrus nursery tree, or citrus nursery stock is in compliance with this chapter and rules adopted under this chapter. (a-1) The department may issue a written order to stop the sale of citrus nursery stock from a citrus nursery or to stop the operation of all or part of a citrus nursery if a person propagates citrus nursery stock in a citrus nursery for sale in the citrus zone and: (1) the person falsely claims that the citrus nursery is certified; or (2) if the citrus nursery is certified, the person fails to comply with the rules adopted under this chapter. (a-2) A person may not sell citrus nursery stock out of a citrus nursery, or operate a citrus nursery or a part of a citrus nursery, that is subject to a stop-sale order under this section until: (1) the sale is permitted by a court under Subsection (b); or (2) the department determines that the citrus nursery is in compliance with this chapter and rules adopted under this chapter. (b) The person named in the order may bring suit in a court in the county where the citrus budwood, citrus nursery tree, or citrus nursery subject to the stop-sale order is located. After a hearing, the court may, as applicable, permit the citrus budwood or citrus nursery tree to be sold, or permit the citrus nursery to continue operations, if the court finds, as applicable, the citrus budwood or citrus nursery tree is not being offered for sale or that the citrus nursery is not operating in violation of this chapter. (c) This section does not limit the department's right to act under another section of this chapter. (d) The department shall inspect each citrus nursery in the citrus zone not less than once every two months in order to enforce this section. Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995. Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 7, eff. June 19, 1997. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427 ), Sec. 7, eff. September 1, 2013.