CHAPTER 9. OFFENSES INJURIOUS TO PUBLIC HEALTH - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 9. OFFENSES INJURIOUS TO PUBLIC HEALTH

Art. 9.01. TRADE INJURIOUS TO HEALTH. After an indictment or

information has been presented against any person for carrying on

a trade, business or occupation injurious to the health of those

in the neighborhood, the court shall have power, on the

application of anyone interested, and after hearing proof both

for and against the accused, to restrain the defendant, in such

penalty as may be deemed proper, from carrying on such trade,

business or occupation, or may make such order respecting the

manner and place of carrying on the same as may be deemed

advisable; and if upon trial, the defendant be convicted, the

restraint shall be made perpetual, and the party shall be

required to enter into bond, with security, not to continue such

trade, business or occupation to the detriment of the health of

such neighborhood, or of any other neighborhood within the

county.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 9.02. REFUSAL TO GIVE BOND. If the party refuses to give

bond when required under the provisions of the preceding Article,

the court may either commit him to jail, or make an order

requiring the sheriff to seize upon the implements of such trade,

business or occupation, or the goods and property used in

conducting such trade, business or occupation, and destroy the

same.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 9.03. REQUISITES OF BOND. Such bond shall be payable to the

State of Texas, in a reasonable amount to be fixed by the court,

conditioned that the defendant will not carry on such trade,

business or occupation, naming the same, at such place, naming

the place, or at any other place in the county, to the detriment

of the health of the neighborhood. The bond shall be signed by

the defendant and his sureties and dated, and shall be approved

by the court taking the same, and filed in such court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 9.04. SUIT UPON BOND. Any such bond, upon the breach

thereof, may be sued upon by the district or county attorney, in

the name of the State of Texas, within two years after such

breach, and not afterwards; and such suits shall be governed by

the same rules as civil actions.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 9.05. PROOF. It shall be sufficient proof of the breach of

any such bond to show that the party continued after executing

the same, to carry on the trade, business or occupation which he

bound himself to discontinue; and the full amount of such bond

may be recovered of the defendant and his sureties.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 9.06. UNWHOLESOME FOOD. After conviction for selling

unwholesome food or adulterated medicine, the court shall enter

and issue an order to the sheriff or other proper officer to

seize and destroy such as remains in the hands of the defendant.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.