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§ 140A.060.Failure to Comply with Demand Petition for Enforcement

Title 6. Miscellaneous Provisions · Chapter 140A. Civil Racketeering Related to Trafficking of Persons · Subchapter B. Procedures and Evidence · Last amended 2017 · Last verified August 29, 2026

In one sentenceSection 140A.060 lets the attorney general petition for enforcement where a demand is not complied with, in the recipient’s county or in Travis County.

Full Text of § 140A.060

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If a person fails to comply with a civil investigative demand duly served on the person, the attorney general may file in the district court in the county in which the person resides, is found, or transacts business or in a district court of Travis County and may serve on the person a petition for an order of the court for enforcement. If the person transacts business in more than one county and the attorney general elects not to file the petition in Travis County, the petition must be filed in the county of the person's principal office or place of business in the state or in any other county as may be agreed on by the person and the attorney general.
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Plain-English Summary

The enforcement route, and it is a petition rather than a sanction.

If a person fails to comply with a civil investigative demand duly served, the attorney general may file and serve a petition for an order of the court for enforcement.

Venue lies in the district court of the county where the person resides, is found, or transacts business, or in a district court of Travis County — the attorney general’s choice, and the mirror image of the venue given to a recipient challenging a demand.

One qualification narrows it. Where the person transacts business in more than one county and the attorney general elects not to file in Travis County, the petition must be filed in the county of the person’s principal office or place of business in this state, or as agreed.

That prevents forum shopping among a business’s many locations. A company operating in thirty counties would otherwise face suit in whichever the state preferred; the choice is Travis County or the company’s own headquarters.

Note that enforcement is a court order, not a penalty. The petition asks a judge to require compliance, and the section attaches no fine to nonperformance.

Consequences arrive at two other points. Failing to obey the resulting order is punishable as contempt, and destroying or falsifying material to defeat a demand is a separate criminal offense.

So the sequence is demand, order, contempt — with the criminal provision reserved for deliberate interference rather than delay.

Frequently Asked Questions

What if someone ignores a demand?

The attorney general may petition a district court for an order enforcing it.

Where is the enforcement petition filed?

In the county where the person resides, is found or transacts business, or in Travis County — with a limit where the person operates in several counties.

What is the penalty for noncompliance?

The section imposes none directly. Disobeying the resulting court order is contempt, and deliberately destroying or falsifying material is a separate offense.

Amendment History

  • Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source