81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 20 of 126
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S.B. No. 1540
1 (2) the company fails to complete the work or repairs
2 within 30 days after the date written notice is given under
3 Subdivision (1).
4 (c) A county attorney, on the making of an affidavit of the
5 ftcbby any person, shall immediately institute a suit against the
6 railroad company to recover the penalty provided by this section. A
7 county attorney's wilful failure or refusal to comply with this
8 subsection is sufficient cause for the county attorney to be
9 removed from office unless it is evident that the suit could not
10 have been maintained.
11 !(d) A proceeding under this section shall be conducted in
12 the name of the county and in the same manner as a proceeding in a
13 civil suit.
14 (e) A county attorney is entitled to a fee of $10, taxed as
15 costs, for each suit maintained by the county attorney under this
16 section. If tw or more penalties are sought in the same suit only
17 one1fe may be r covered under this subsection.
18 (f) If the county is cast in the suit, the county may not be
19 cha gd costs.
20 (Ig) A penalty collected under this section shall be
21 deposited in the road and bridge fund of the county in which the
22 suait is brought. (V.A.C.S. Art. 6327.)
23 Sec. 112.060. CONVERSION OF PROPERTY IN CUSTODY OF RAILROAD
24 COMPANY. (a) A railroad company in this state or a receiver of a
25 railorad company in this state may not confiscate or otherwise
26 caonert to the company's or receiver's own use, in whole or in
27 substantial part, a carload shipment of any article or commodity of
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Texas. Legislature. Senate. 81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85, legislative document, May 20, 2009; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth310917/m1/20/: accessed May 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.