SECTION 205.14. Removal Order for Detained or Embargoed Bedding

(a) If the claimant of the detained or embargoed bedding or the claimant's agent fails or refuses to transfer the bedding to a secure place after the notice or other appropriate marking has been affixed as provided by §205.12 of this title (relating to Administrative Penalty), the commissioner or an authorized agent may order the transfer of the bedding to one or more secure storage areas to prevent unauthorized use, removal, or disposal.

(b) The commissioner or an authorized agent may provide for the transfer of the bedding if the claimant of the bedding or the claimant's agent does not carry out the transfer in a timely manner.

(c) The claimant of the bedding or the claimant's agent shall pay the costs of the transfer, and the costs of any transfer made under subsection (a) or (b) of this section shall be assessed against the claimant of the bedding or the claimant's agent.

(d) The commissioner may request the attorney general to bring an action in the district court in Travis County to recover the costs of the transfer. In a judgement in favor of the state, the court may award costs, attorney fees, court costs, and interest from the time the expense was incurred through the time the department was reimbursed.

Source Note: The provisions of this §205.14 adopted to be effective October 3, 1999, 24 TexReg 8181