State Codes and Statutes
Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-9-offenses-injurious-to-public-health
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.
State Codes and Statutes
Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-9-offenses-injurious-to-public-health
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.
State Codes and Statutes
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Texas >
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Chapter-9-offenses-injurious-to-public-health 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.
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