Public health is a serious thing, as we can see from the events this year, the infamous 2020. Other than COVID-19, and other viruses prior, Texas laws always have an eye out for its citizens; folk, we’d say. Food, or anything else, potentially damaging to health, can be addressed in court. Here are the details, and a bit of legal talk.


After 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, and after hearing proof both for and against the accused, to restrain the defendant from carrying on such trade, business or occupation. If 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.

If the party refuses to give bond when required, 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.

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 and filled by the court.

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.

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.


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.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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