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8/2/2016 4:35:24 PM

Velva L. Price
District Clerk
Travis County
D-1-GN-16-003482
Kirby Hernandez
D-1-GN-16-003482

126th
because (1) the State seeks non-monetary injunctive relief and (2) the State's claims for civil

penalties are in excess of $100,000 and could exceed $1,000,000.

2. PARTIES

2.1 Plaintiff~ the State of Texas, through its Attorney General, is authorized to bring

this suit at the request of the TCEQ. 2

2.2 Defendant, Francisco R. Garcia ("Mr. Garcia" or "Francisco Garcia"), is an

individual who has done business as Pollos Asados Los Nortefios and who may be served with

process at the business located at 4642 Rigsby Avenue, San Antonio, Texas 78222; his home at

6214 Sugar Creek Street, San Antonio, Texas 78244; or wherever he may be found.

2.3 Defendant, Maria Mayela Garcia ("Mrs. Garcia" or "Maria Garcia"), 1s an

individual who has done business as Pollos Asados Los Nortefios and who may be served with

process at the business located at 4642 Rigsby A venue, San Antonio, Texas 78222; her home at

6214 Sugar Creek Street, San Antonio, Texas 78244; or wherever she may be found.

2.4 Defendant, Parrillando SA, L.L.C., is a domestic limited liability company with

its principal place of business at 8406 Aristotle, Universal City, Texas 78148-2663. Parrillando

SA, L.L.C. may be served through its registered agent, Ileana Abigail Vilchis, at 8406 Aristotle,

Universal City, Texas 78148-2663, or wherever she may be found. On information and belief,

Parrillando SA, L.L.C. has been operating a restaurant called Pollos Asados Los Nortefios,

located at 4642 Rigsby Avenue, San Antonio, Texas 78222, since or around January 25, 2016.

Defendants Francisco Garcia and Maria Garcia are the managing members of Parrillando SA,

L.L.C.

2
Tex. Water Code 7.032, 7.105.
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State of Texas v. Francisco R. Garcia, et al.
3. JURISDICTION AND VENUE

3.1 This Court has jurisdiction over this case, and venue is proper in Travis County,

because this is an action to enforce Chapter 382 of the Texas Health and Safety Code, the TCEQ

rules promulgated thereunder, and the Texas Water Code. 3

4. APPLICABLE LAW

4.1 This is a suit to enforce the Texas Clean Air Act ("TCAA") codified in Chapter

382 of the Texas Health and Safety Code and rules adopted by the TCEQ pursuant to the TCAA.

The State seeks injunctive relief, civil penalties, and attorney's fees.

4.2 The TCAA provides that unless authorized by the TCEQ, no person may "cause,

suffer, allow, or permit the emission of any air contaminant or the performance of any activity

that causes or contributes to, or that will cause or contribute to, air pollution."4

4.3 A person may not cause, suffer, allow, or permit the emission of any air

contaminant or the performance of any activity in violation of the TCAA or of any Commission

rule or order. 5

4.4 Under the TCAA, '"air contaminant' means particulate matter, radioactive

material, dust, fumes, gas, mist, smoke, vapor, or odor, including any combination of those

items, produced by processes other than natural." 6

4.5 "'Air pollution' means the presence m the atmosphere of one or more air

contaminants or combination of air contaminants in such concentration and of such duration that:

3
Tex. Water Code 7.032, 7.105; Tex. Gov't Code 2001.202.
4
Tex. Health & Safety Code 382.085(a).
5
Id. 382.085(b).
6
Id. 382.003(2).
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State of Texas v. Francisco R. Garcia, et al.
(A) are or may tend to be injurious to or to adversely affect human health or welfare, animal life,

vegetation, or property; or (B) interfere with the normal use or enjoyment of animal life,

vegetation, or property." 7

4.6 Before any work is begun on a facility, any person who plans to construct any

new facility or to engage in the modification of any existing facility which may emit air

contaminants into the air of this state shall either obtain a general permit or satisfy the conditions

and criteria for a standard permit, flexible permit by rule, or de minimis facility. 8

4.7 Equipment used in eating establishments for the purpose of preparing food for

human consumption is permitted by rule under 30 Tex. Admin. Code 106.4. 9 Permits by rule

are applicable to facilities, or changes within facilities, that the TCEQ "has determined will not

make a significant contribution of air contaminants to the atmosphere pursuant to the Texas

Health and Safety Code, the TCAA, 382.057 and 382.05196." 10 The rules governing a

facility's eligibility for permits by rule are set forth in 30 Tex. Admin. Code 106.4. Emissions

from a facility permitted by rule must comport with applicable TCEQ regulations as well as

"with the intent of the TCAA, including the protection of health and property of the public." 11

Applicable TCEQ rules that all facilities, permitted by rule or otherwise, must follow include the

prohibition against creating a nuisance 12 and exceeding opacity limits. 13 Moreover, the facility

permitted by rule must maintain its emissions control equipment in "good condition and

operate[] properly during [its] operation." 14

7
Id. 382.003(3).
8
30 Tex. Admin. Code 116.11 O(a).
9
Id. I 06.242.
10
Id. I 06.1.
11
Id. 106.4(c).
12
/d. 101.4.
13
/d. 111.111.
14
/d. l06.4(c).
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State of Texas v. Francisco R. Garcia, et al.
4.8 Visible emissions from any stationary vent may not exceed an opacity 15 of 20%

averaged over a six-minute period for any source on which construction was begun after January

31, 1972. 16 Compliance with the opacity limit must be determined by applying EPA Method 9

(40 CFR 60, Appendix A) or an approved equivalent test method. 17

4.9 TCEQ rules also provide that "[n]o person shall discharge from any source

whatsoever one or more air contaminants or combinations thereof, in such concentration and of

such duration as are or may tend to be injurious to or to adversely affect human health or

welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment

of animal life, vegetation, or property." 18 To discharge in this manner is to create a nuisance

condition in violation of TCEQ rules. 19 The TCEQ has developed procedures to detect the

presence of a nuisance and to describe odors observed while investigating discharging facilities.

Specifically, TCEQ investigators use a "FIDO chart" to evaluate the frequency, intensity,

duration, and offensiveness of the nuisance. Additionally, citizens can file complaints with the

TCEQ to report potential nuisance conditions. Some complainants keep Odor Logs supplied by,

and eventually submitted to, the TCEQ, detailing the characteristics of the air contaminants and

the impact on the complainants and their property.

4.10 No person may cause, suffer, allow, or permit any activity in violation of the

TCAA or any TCEQ permit, rule, or order. 20

15
Opacity is the "degree to which an emission of air contaminants obstructs the transmission of light expressed as
the percentage of light obstructed as measured by an optical instrument or trained observer." Id. I 01.1 (73).
16
Id. 111.111 (a)(I )(8). A vent is ''[a]ny duct, stack, chimney, flue, conduit, or other device used to conduct air
contaminants into the atmosphere." Id. 101.1(114).
17
Id.111.lll(a)(l)(F).
18
Id. 101.4.
19 Id..
20
Tex. Water Code 7.101.
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State of Texas v. Francisco R. Garcia, et al.
4.11 In addition, no person may discharge from any source whatsoever such quantities

of air contaminants or other materials which cause or have a tendency to cause a traffic hazard or

an interference with normal road use. 21

4.12 The Attorney General, at the request of the TCEQ, may bring an action for

injunctive relief and civil penalties if it appears that a violation or threat of a violation of a statute

within the TCEQ's jurisdiction, or a rule adopted or an order or a permit issued under such a

statute, has occurred or is about to occur. 22

4.13 "Any person owning or operating a source of air contaminants shall comply with

any applicable new source performance standards promulgated by the Environmental

Protection Agency (EPA) pursuant to the Federal Clean Air Act, 111, as amended." 23

5. BACKGROUND

A. Polios Asados Restaurant

5.1 Francisco Garcia and Maria Garcia ("the Garcias") are the owners of a restaurant

called Pollos Asados Los Nortefios ("Pollos Asados") located at 4642 Rigsby Avenue in San

Antonio. On information and belief, Parrillando SA, L.L.C., has been operating Pollos Asados

since approximately January 25, 2016; however, the restaurant, and the property on which it sits,

is still owned by the Garcias. Pollos Asados is a popular restaurant known for its long lines and

grilled chicken, and it has a grilling area/smokehouse that utilizes mesquite charcoal in the

cooking process. Smoke produced from grilling is vented through two stacks in the roof. In

addition, the restaurant has been known to use a portable trailer with two smoke stacks as an

additional cooker during peak hours.

21
30 Tex. Admin. Code 101.5.
22
Id. 7.032, 7.105.
23
fd. 101.20(1).
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State o.fTexas v. Francisco R. Garcia, et al.
5.2 Pollos Asados is located just north of, and is less than a thousand feet from, a

residential neighborhood. The lots in this neighborhood are suited for outdoor recreation.

Several of the homes have picnic tables, playgrounds, and swimming pools in their yards, and,

like any residential neighborhood, some are occupied by children, the elderly, and individuals

with heart, lung, and/or other health conditions.

5.3 For over a year, the thick smoke and odors commg from the Pollos Asados

restaurant have continuously interfered with its neighbors' use of their property. The smoke and

odors waft through the yards of nearby lots and roads, preventing homeowners from sitting in

their backyards, hanging laundry to dry, allowing their children to use play areas, opening

windows to enjoy fresh air or a breeze, or even walking to the mailbox without encountering

smoke. Some residents report that the smoke impacts them every day that the restaurant is open,

finding relief only on Mondays and the occasional holiday, when the restaurant is closed.

5.4 Neighbors disturbed by the smoke and odors coming from Pollos Asados have

documented conditions at the property. Below is a photograph taken on January 8, 2016, by a

resident who owns a home near the restaurant. The picture, which was taken from across the

street, shows smoke billowing from the restaurant's two stacks as well as the stacks on the

portable cooker.

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State of Texas v. Francisco R. Garcia, et al.
Figure I: Picture near Polios Asados Los Nortefios Restaurant, taken January 8, 2016

5.5 Although Francisco Garcia informed TCEQ investigators that he planned to

construct a new building to house the restaurant and stop the nuisance, he never followed

through with his claims. Moreover, Francisco Garcia did not attempt to mitigate the situation

until the City of San Antonio shut Pollos Asados down for code violations in January 2016.

While the Garcias and/or Parillando SA, L.L.C. did make some modifications to the restaurant's

stacks before reopening the restaurant, the Defendants continue to release thick and unpleasant

smoke into the air.

5.6 The photograph below, taken by a resident with a home near the restaurant, shows

thick, white smoke being released from the restaurant's modified stacks on the evening of

February 28, 2016.

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State o.f Texas v. Francisco R. Garcia, et al.
Figure 2: View of smoke stacks at Polios Asados Los Nortefios at night, taken February 28, 2016.

B. Investigations

i. February-March 2015 TCEQ Investigations

5.7 TCEQ investigators received a complaint from a neighbor regarding smoke and

odors coming from Pollos Asados on February 9, 2015. The TCEQ then began a series of

investigations at the restaurant and in the surrounding neighborhood (collectively referred to as

"the Site"), conducting surveillance and odor surveys using odor complaint and nuisance

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State of Texas v. Francisco R. Garcia, et al.
investigation procedures that monitor the frequency, intensity, duration, and offensiveness of

odors.

5.8 TCEQ first went to the Site to investigate the neighbor's complaint on February

12, 2015. While outside a home near Pollos Asados, a second neighbor approached the

investigators to lodge another complaint relating to the restaurant. That day, investigators

observed thick smoke coming from the two exhaust vents in the cooking area of Pollos Asados,

which drifted south into the nearby neighborhood and lingered in the tree canopies. Investigators

also smelled a chicken-cooking odor. TCEQ investigators went to the restaurant and spoke with

Mr. Garcia, who stated that he planned to move the cooking area and kitchen to the east side of

the building and would begin construction next month.

5.9 The investigators returned to the Site on March 10, 2015, and again observed

smoke in the neighborhood that lingered under the tree canopies. The investigators evaluated the

smoke, which was detected at a nearby residence, as unpleasant. They could see smoke coming

from the exhaust stacks at Pollos Asados and smell the cooking odor. TCEQ investigators

observed these conditions again two days later on March 12, 2015, during a subsequent Site visit.

The smoke and odors were especially strong when wind came from a northerly direction.

5.10 The smoke and odor nuisance remained during the investigators' visit on March

15, 2015. In addition to seeing smoke emissions coming from the exhaust stacks, investigators

observed smoke coming from a cooker in a portable trailer in the parking lot of the restaurant.

The investigators found the smoke from the restaurant unpleasant and watched the smoke

migrate into the front and back yards of one of the complainants.

5.11 In Odor Logs submitted to the TCEQ for the month of March 2015, a neighbor of

Pollos Asados complained of a strong, overwhelming odor of burnt grease and smoke migrating

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State of Texas v. Francisco R. Garcia, et al.
from the restaurant to his home, which he shares with family. This strong odor and smoke

permeated the family's clothes, prevented the family from opening their windows, and interfered

with the family's enjoyment of their front and back yards because they did not want to sit or

work outside. On twelve days throughout the month of March 2015 (March 7, 8, 12, 13, 14, 15,

19, 20, 21, 22, 25, and 26), the neighbor documented that the strong smoke and odors lasted ten

hours or longer each day.

5.12 As a result of these investigations, the TCEQ mailed a Notice of Violation to Mr.

Garcia on April 23, 2015, which was delivered two days later. The Notice of Violation indicated

that the smoke coming from Pollos Asados was causing a nuisance for the restaurant's neighbors

and that corrective action was required.

ii. June-August 2015 TCEQ Investigations

5.13 The TCEQ conducted further investigations between June and August 2015 to

follow-up on the Notice of Violation issued to Mr. Garcia.

5.14 During this timeframe, TCEQ investigators made several inquiries to Mr. Garcia,

via telephone and email, regarding his failure to submit compliance documentation to the TCEQ.

5.15 Although Mr. Garcia did not respond with the requested documentation, the

investigators were, however, able to make contact with him. Specifically, during a telephone call

on June 2, 2015, Mr. Garcia claimed that he planned to hire a contractor to raise both the roof of

the cooking area and the stacks on the roof by several feet. Then, in an e-mail dated June 30,

2015, Mr. Garcia claimed that he was going to construct a new restaurant across the street from

Pollos Asados with a taller roof, which he hoped to start in a month and complete in early 2016.

5.16 When a TCEQ investigator visited Pollos Asados on June 11, 2015 and August 6,

2015, no changes had been made to the building, no construction across the street had begun, and

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State of Texas v. Francisco R. Garcia, et al.
the restaurant's stacks and portable cooking trailer were still in use, emitting large amounts of

smoke. The TCEQ issued a Notice of Enforcement against Garcia on August 14, 2015, for the

nuisance conditions at the restaurant, requiring him to implement corrective measures no later

than October 20, 2015.

iii. August-December 2015 TCEQ Investigations

5.17 Between August 31, 2015 and November 8, 2015, the TCEQ received five

separate complaints about the smoke and odor emanating from Pollos Asados.

5.18 Investigators visited the Site six times between mid-September and mid-

November. At the first inspection on September 15, 2015, TCEQ investigators observed smoke

and smelled unpleasant odors of a moderate intensity from the restaurant impacting several

neighboring homes. The investigators considered the smoke and odors sever enough that they

were a nuisance under the FIDO odor complaint standards. In addition, the investigators

watched several motorists at the nearby intersection of Rigsby Avenue and Tyne Drive hit their

brakes and slow down while traveling through thick smoke in the area, thereby impacting traffic

and interfering with normal road use.

5.19 During a follow-up visit on September 23, 2015, TCEQ investigators observed

that the smoke and odor nuisances were still impacting the neighborhood. While standing at a

residence near the restaurant, investigators observed that the restaurant's heavy smoke obstructed

their view of the Pollos Asados building. During an hour-long FIDO investigation, the

investigators experienced unpleasant odors with a strong intensity.

5.20 In Odor Logs submitted to the TCEQ for September 13 and 19, 2015, neighbors

complained that they could smell the smoke and odors from their own yard, that they could not

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State of Texas v. Francisco R. Garcia, et al.
enjoy their property and spend time in their yards, and that their family members, including

children, as well as pets, were affected by the smoke and odors.

5.21 The smoke and odor nuisance remained when the investigators went to the Site on

October 28, 2015. Investigators again experienced strong and unpleasant odors during the hour-

long FIDO investigation. The investigators observed heavy smoke surrounding businesses to the

southeast of Pollos Asados, in addition to impacting the residential neighborhoods to the south

and southeast by drifting into their lots.

5.22 According to Odor Logs submitted to the TCEQ for October 2015, complainants

in the area near Pollos Asados experienced the smoke and odors from the restaurant in their own

yards consistently for up to twelve hours on at least three days (October 4, 17, and 29). A

complainant indicated that she could smell strong cooking and smoke odors from her home's

yard, and that smoke was corning from both the restaurant's and the portable cooker's stacks.

The complainant described the smoke as constant and said the smoke prevented her family from

enjoying their property.

5.23 On November 3, 2015, TCEQ investigators observed smoke and smelled odors

from Pollos Asados drifting towards homes west of the restaurant. They could also see smoke

leaving Pollos Asados and drifting onto Rigsby Avenue, which caused traffic on that road to

slow and disrupted normal road usage.

5.24 Disturbance ofroad conditions remained an issue during a Site visit on November

10, 2015. Investigators driving south on Tyne Drive from Rigsby Avenue had difficulty seeing

through the thick smoke corning from the restaurant, thereby impacting their use of the road and

causing a traffic hazard. Investigators also experienced unpleasant and strong odors and smoke,

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State of Texas v. Francisco R. Garcia, et al.
which they considered to be a nuisance, at the restaurant and at houses to the west, where thick

plumes of smoke had migrated into the neighborhood.

5.25 When investigators visited Pollos Asados on November 13, 2015, they observed

smoke coming from the restaurant's stacks as well as from two additional stacks on a portable

trailer parked next to the restaurant that was being used for cooking. The smoke and odor

nuisances remained, as investigators saw smoke from Pollos Asados traveling towards nearby

residences and businesses. They also experienced strong and unpleasant odors at the property

during an hour-long FIDO investigation. Thick smoke coming from the stacks also continued to

cause a traffic hazard and interfere with normal road use at Rigsby Avenue and Tyne Drive by

impacting visibility on these roads.

5.26 During the course of its investigation, the TCEQ received numerous complaints

relating to Pollos Asados' smoke and odor issues. Odor Logs were submitted by complainants

living near the Site for fourteen days in November 2015 (November 12, 13, 15, 17, 18, 19, 20,

21, 22, 24, 25, 27, 28, and 29). These complaints described the smoke and odors originating

from Pollos Asados as a strong, unpleasant wood-burning smell that is inescapable and

suffocating. A neighbor stated that the smoke and odors are a constant occurrence that last for

up to twelve hours every day that the restaurant is open. 24 A complainant stated they were

unable to take their family members, including young children, out into the yard because of the

smoke and odors.

5.27 The TCEQ issued another Notice of Enforcement against Mr. Garcia on

December 14, 2015, for the traffic interference and nuisance conditions caused by Pollos Asados.

24
According to a complainant, the restaurant is open every day except Mondays and was closed on Thanksgiving
Day.
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State of Texas v. Francisco R. Garcia, et al.
5.28 Odor Logs submitted to TCEQ by a neighbor of Polios Asados in early December

2015 described the smoke and odors coming from the restaurant as thick, unbearable, nasty,

constant, unrelenting, flooding their yards, and preventing them from going outside and enjoying

their property. The neighbor, who indicated that they felt like a prisoner in their own home, also

stated that they experienced coughing and headaches due to the smoke. The neighbor provided a

log for five days in December 2015 (December 2, 3, 4, 5, and 6).

5.29 Another Odor Log submitted by a neighbor for December 9, 10, 11, 12, and 13,

2015, indicated that the problem with the smoke was getting worse, and that a third smoke stack

had been added to the portable food trailer used by Pollos Asados. The neighbor said the odors

and smoke, which could last for up to thirteen or more hours a day, were flooding the

surrounding neighborhoods, including nearby schools and a city bus stop. The complainant

described the smoke as excessive, unbearable, and suffocating, and believed it contributed to

illnesses experienced by family members.

5.30 Odor Logs submitted for December 16, 17, 18, 19, 20, 22, 23, 24, 26, and 27,

2015, indicated that nuisances relating to odors and smoke from Pollos Asados continued on

those days. Specifically, a neighbor described the smoke as unbearable, constant, stinking, and

chocking, and stated the smoke was invading their yard, making it difficult to breathe, and

preventing their family, including a grandson, from enjoying and playing in the yard. The

neighbor asserted that smoke was present six days a week, unless the restaurant was closed for a

holiday, like Christmas. According to the complainant, smoke from Pollos Asados also traveled

to and affected a nearby bus stop and traffic on Rigsby Avenue.

5.31 A neighbor provided Odor Logs complaining of similar smoke conditions coming

from Pollos Asados on December 30 and 31, 2015, and January 2 and 3, 2016. The neighbor

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State of Texas v. Francisco R. Garcia, et al.
indicated that the odors and smoke were constant, and that the heavy smoke coming from the

restaurant continued to prevent their family from enjoying their yard over the holidays.

5.32 A neighbor also provided an Odor Log for events on January 6, 7, 8, 9, and 10,

2016. The log indicated that the smoke and odors remained a problem on those days for twelve

hours or more. The smoke was described as acrid and stinking, and the neighbor asserted that

the smoke choked them as they tried to do laundry in an open area and prevented their grandson

from playing in the yard.

iv. City of San Antonio Investigation

5.29 While the TCEQ inspections were ongoing, the City of San Antonio ("City")

performed its own investigation. By at least November 2015, the City determined that Mr.

Garcia was operating the smokehouse at Pollos Asados without a valid certificate of occupancy

("COO"). Although Garcia had previously obtained a COO for the restaurant, no smokehouse

had been constructed at the property when the initial inspection was performed and the COO was

issued.

5.30 On November 23, 2015, the City issued a citation against Mr. Garcia and his wife,

Maria Garcia, for operating the smokehouse without a COO. On December 15, 2015, the City

issued a notice to vacate the smokehouse for operating without a COO and threatened to

disconnect utilities, noting public health concerns and the TCEQ's nuisance findings. The City

issued three additional citations against the Garcias on December 22, 2015, January 5, 2016, and

January 13, 2016.

5.31 On January 13, 2016, the same day the last citation was issued, the City revoked

the restaurant's COO and gave notice that it would shut off utility service to the restaurant within

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State of Texas v. Francisco R. Garcia, et al.
48 hours. On or around January 15, 2016, the City disconnected the utilities and Pollos Asados

ceased operating for two to three weeks.

v. February-April 2016 TCEQ Investigations

5.32 Pollos Asados reopened on February 5, 2016. Neighbors informed TCEQ,

however, that smoke and odors from the restaurant were still interfering with the normal use of

their property. TCEQ employees also learned that Parrillando SA, L.L.C., was allegedly going

to operate the restaurant going forward. Parrillando SA, L.L.C. filed documentation with Bexar

County on January 25, 2016, associating the corporation with the Pollos Asados restaurant.

5.33 TCEQ investigators returned to the Site to perform an inspection on February 9,

2016. During the Site visit, investigators observed smoke from the restaurant blowing into a

nearby lumber yard. They also spoke with Mr. Garcia, who indicated that he had made changes

to the stacks before reopening the restaurant. TCEQ investigators subsequently learned that the

stacks had been modified in mid-January 2016 to increase their height and incorporate fans to

expel smoke.

5.34 Investigators went to the Site again on February 12, 2016. While there, a TCEQ

investigator performed an opacity evaluation of the emissions from the two restaurant stacks

using the EPA Method 9 testing procedures. The investigator documented an average opacity of

66.9% for the southern stack and 45% for the northern stack.

5.35 Two weeks later, on February 26, 2016, TCEQ investigators returned to Pollos

Asados and conducted another opacity assessment of the restaurant's two stacks using EPA

Method 9 testing procedures. This time, after the busy lunch hour was over, an investigator

documented an average opacity of 42.04% coming from the southern stack and 25.8% coming

from the northern stack.

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State of Texas v. Francisco R. Garcia, et al.
5.36 On March 9, 10, and 11, 2016, TCEQ investigators conducted odor surveys near

the restaurant. On the first two days, March 9 and 10, the investigators spent an hour each day in

the driveway and garage of a residence located near Pollos Asados. Standing outside, they saw

smoke moving from the restaurant's stacks into the home's yard, which irritated the

investigators' eyes. The restaurant's emissions also created strong and unpleasant smoke and

food odors during the hour-long survey.

5.37 On March 11, 2016, TCEQ investigators spent an hour at a different residence

near Pollos Asados. While standing in the front yard, side yard, and driveway of the property,

they observed smoke coming from the restaurant into the home's yard. The homeowners have a

picnic table and playground equipment in the yard for their family, including their grandchild,

who is currently living with them, to use. However, the homeowners told TCEQ that they have

been unable to use their yard as intended because of the smoke and odors coming from Pollos

Asados. The smoke and food odor remained strong and unpleasant during the course of the

hour-long survey.

5.38 Investigators returned to the Site on April 22, 2016, to perform an opacity

observation of the restaurant's two stacks usmg EPA Method 9 testing procedures. The

investigators documented an average opacity of 60.4% coming from the southern stack and

32.5% coming from the northern stack. The smoke and cooking odors were detected again

during this investigation and were found to be unpleasant, strong in intensity, and surrounding

the homes neighboring Pollos Asados.

5.39 Since it began its investigation in February 2015, the TCEQ has received dozens

of complaints relating to the smoke and odors coming from Pollos Asados, including numerous

complaints made after the restaurant's stacks were modified in January 2016. Neighbors

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State of Texas v. Francisco R. Garcia, et al.
reported ongoing issues with the smoke and odors during the months of April, May, June, and

July 2016. For example, on April 28, 2016, a neighbor complained to TCEQ that incredible

amounts of smoke were drifting onto their property from the restaurant and sitting in the yard

like fog. The neighbor stated that the smoke made them unable to go outside and enjoy their

property except on Mondays, when Pollos Asados is closed. Then, in May 2016, several

individuals informed TCEQ of issues relating to smoke and odors from Pollos Asados. One

neighbor complained on May 14, 2016, that they could not breathe the air outside of their house

and, as a result, were unable to enjoy the yard. The complainant indicated that their family was

suffering from shortness of breath, headaches, and coughs, which they believed were related to

the smoke at the property. On May 17, 2016, an individual from the same family reported that

the smoke was so thick that it was making it difficult to breathe. The neighbor indicated that

they were coughing up phlegm that tasted like charcoal. A third complaint received by the

TCEQ that month stated a neighbor could not breathe in their yard on May 21 due to the smoke

entering their yard from Pollos Asados. The neighbor stated that the smoke caused shortness of

breath and that their family was suffering from burning and itching eyes, coughs, and sinus

problems. According to the neighbor, clouds of smoke coming from the restaurant were

lingering and hovering in their yard. Also, on June 1, 2016, a neighbor reported smoke billowing

onto their property from Pollos Asados. The neighbor complained that they and their son could

not play outside in the yard due to the thick smoke coming from the restaurant.

6. VIOLATIONS OF THE TCAA AND TCEQ RULES

Francisco Garcia. Maria Garcia, and Parrillando SA, L.L.C. Caused an Air Nuisance

6.1 "No person shall discharge from any source whatsoever one or more air

contaminants or combinations thereof, in such concentration and of such duration as are or may

Page 19 of28
State of Texas v. Francisco R. Garcia, et al.
tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or

property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or

property. " 25

6.2 As described above in section 5, TCEQ investigators visited the Site on numerous

occasions and observed smoke and/or smelled odors from Pollos Asados wafting into

neighboring residential areas and businesses to such a degree that it appeared to interfere with

the neighbors' normal use and enjoyment of their property. Residents reported to TCEQ

investigators that they were unable to enjoy or use their yards, open their windows, or walk

outside without encountering the unpleasant smoke and odors. TCEQ investigators and

neighbors confirmed the presence of smoke and/or odors at the Site on at least seventy-four (74)

different occasions, including: February 12, 2015; March 7, 2015; March 8, 2015; March 10,

2015; March 12, 2015; March 13, 2015; March 14, 2015; March 15, 2015; March 19, 2015;

March 20, 2015; March 21, 2015; March 22, 2015; March 25, 2016; March 26, 2015; June 11,

2015; August 6, 2015; September 13, 2015; September 15, 2015; September 19, 2015;

September 23, 2015; October 4, 2015; October 17, 2015; October 28, 2015; October 29, 2015;

November 3, 2015; November 10, 2015; November 12, 2015; November 13, 2015; November

15, 2016; November 17, 2015; November 18, 2015; November 19, 2015; November 20, 2015;

November 21, 2015; November 22, 2015; November 24, 2015; November 25, 2015; November

27, 2015; November 28, 2015; November 29, 2015; December 2, 2015; December 3, 2015;

December 4, 2015; December 5, 2015; December 6, 2015; December 9, 2015; December 10,

2015; December 11, 2015; December 12, 2015; December 13, 2015; December 16, 2015;

December 17, 2015; December 18, 2015; December 19, 2015; December 20, 2015; December

22, 2015; December 23, 2015; December 24, 2015; December 26, 2015; December 27, 2015;
25
30 Tex. Adm in. Code I 01.4.
Page 20 of28
State of Texas v. Francisco R. Garcia, et al.
December 30, 2015; December 31, 2015; January 2, 2016; January 3, 2016; January 6, 2016;

January 7, 2016; January 8, 2016; January 9, 2016; January 10, 2016; February 9, 2016; March

9, 2016; March 10, 2016; March 11, 2016; and April 22, 2016.

6.3 Francisco Garcia and Maria Garcia were the owners and operators of Pollos

Asados until approximately January 25, 2016. Therefore, Francisco Garcia and Maria Garcia

violated Tex. Water Code 7.101 and 30 Tex. Admin. Code 101.4 on at least sixty-nine (69)

different occasions, including February 12, 2015; March 7, 2015; March 8, 2015; March 10,

2015; March 12, 2015; March 13, 2015; March 14, 2015; March 15, 2015; March 19, 2015;

March 20, 2015; March 21, 2015; March 22, 2015; March 25, 2016; March 26, 2015; June 11,

2015; August 6, 2015; September 13, 2015; September 15, 2015; September 19, 2015;

September 23, 2015; October 4, 2015; October 17, 2015; October 28, 2015; October 29, 2015;

November 3, 2015; November 10, 2015; November 12, 2015; November 13, 2015; November

15, 2016; November 17, 2015; November 18, 2015; November 19, 2015; November 20, 2015;

November 21, 2015; November 22, 2015; November 24, 2015; November 25, 2015; November

27, 2015; November 28, 2015; November 29, 2015; December 2, 2015; December 3, 2015;

December 4, 2015; December 5, 2015; December 6, 2015; December 9, 2015; December 10,

2015; December 11, 2015; December 12, 2015; December 13, 2015; December 16, 2015;

December 17, 2015; December 18, 2015; December 19, 2015; December 20, 2015; December

22, 2015; December 23, 2015; December 24, 2015; December 26, 2015; December 27, 2015;

December 30, 2015; December 31, 2015; January 2, 2016; January 3, 2016; January 6, 2016;

January 7, 2016; January 8, 2016; January 9, 2016; January 10, 2016. For each day on which

these violations occurred, Francisco and Maria Garcia are liable for a civil penalty within the

statutory range.

Page 21 of28
State of Texas v. Francisco R. Garcia, et al.
6.4 On information and belief, Parrillando SA, L.L.C., has been operating Pollos

Asados since approximately January 25, 2016. Therefore, Parrillando SA, L.L.C., violated Tex.

Water Code 7.101 and 30 Tex. Admin. Code 101.4 on at least ten different occasions,

including: February 9, 2016; March 9, 2016; March 10, 2016; March 11, 2016; April 22, 2016;

April 28, 2016; May 14, 2016; May 17, 2016; May 21, 2016; and June 1, 2016. For each day on

which these violations occurred, Parrillando SA, L.L.C., is liable for a civil penalty within the

statutory range.

Francisco Garcia and Maria Garcia Caused a Traffic Hazard/Interference with Road Use

6.5 "No person may discharge from any source whatsoever such quantities of air

contaminants or other materials which cause or have a tendency to cause a traffic hazard or an

interference with normal road use." 26

6.6 As described above in section 5, TCEQ investigators observed thick smoke

billowing from the stacks at Pollos Asados that caused motorists traveling on the roads next to

the restaurant to use their brakes and/or slow down, or that impeded motorists' visibility, on at

least four occasions, including: September 15, 2015; November 3, 2015; November 10, 2015;

and November 13, 2015.

6.7 Therefore, Francisco Garcia and Maria Garcia violated Tex. Water Code 7.101

and 30 Tex. Admin. Code 101.5 on at least four days. For each day on which this violation

occurred, Francisco Garcia and Maria Garcia are liable for a civil penalty within the statutory

range.

Parrillando SA. L.L.C. Caused Unauthorized Visible Emissions (Excess Opacity)

6.8 As described above in section 5, during inspections conducted on February 12,

and 26, 2016, and April 22, 2016, TCEQ investigators performed opacity assessments using EPA
26
30 Tex. Admin. Code I 01.5.
Page 22 of28
State of Texas v. Francisco R. Garcia, et al.
Method 9 testing procedures. For the two stacks at the restaurant, the investigators documented

an average opacity of 65% and 45% on February 12, 2016; 40% and 35% on February 26, 2016;

and 60.4% and 32.5% on April 22, 2016.

6.9 Therefore, Parrillando SA, L.L.C. emitted air contaminants into the atmosphere

with greater than 20% opacity from two separate stacks at Pollos Asados in violation of Tex.

Health & Safety Code 382.085(a), Tex. Water Code 7.101, and 30 Tex. Admin. Code

111.11 l(a)(l)(B) on at least three days. Each separate emission point, and each day on which

such emissions occurred, constitute separate violations for a civil penalty within the statutory

range.

7. CIVIL PENALTIES

7.1 Pursuant to Tex. Water Code 7.102, Defendants are subject to a civil penalty of

not less than $50 nor greater than $25,000 for each day of each violation of a statute, rule, order,

or permit relating to a matter within the TCEQ's enforcement jurisdiction. The State seeks civil

penalties against each Defendant within the range stated above for each day of each violation

alleged in the previous section of this petition.

8. INJUNCTIVE RELIEF

8.1 The Attorney General, at the request of the TCEQ, may bring an action for

injunctive relief if it appears that a violation or threat of violation of a rule or an order issued

under the TCEQ's statutory jurisdiction has occurred or is about to occur. 27 Accordingly, the

State seeks appropriate injunctive orders to prevent violations or threatened violations and to

obtain appropriate corrective actions.

8.2 As set forth above, Francisco Garcia, Maria Garcia, and Parrillando SA L.L.C.,

have not constructed or operated Pollos Asados in compliance with TCEQ rules regulating
27
Tex. Water Code 7.032, 7.105.
Page 23 of28
State of Texas v. Francisco R. Garcia, et al.
nmsance, traffic hazards/interference, and opacity violations caused by the em1ss10n of air

contaminants. Recent investigations show that Parrillando SA L.L.C., has continued to violate

state statutes and TCEQ rules and is continuing to cause an air nuisance to its surrounding

neighbors, to interfere with traffic, and/or to emit air contaminants without authorization.

8.3 The State requests that this Court grant a temporary injunction against Parrillando

SA L.L.C., its officers, agents, servants, employees, managing members, attorneys, and all other

persons acting in active concert or participation with it who receive actual notice of this

Temporary Injunction to be enjoined as follows:

A. As used in this Injunction, the following words and terms have the following
meanmgs:

L "Pollos Asados" means the restaurant called Pollos Asados Los Nortefios
located at 4642 Rigsby Road in San Antonio, Texas;

IL "TCEQ" means the Texas Commission on Environmental Quality; and

ni. "Defendant" means Parrillando SA, L.L.C., its officers, agents, servants,
employees, managing members, attorneys, and all persons in active
concert or participation with Parillando SA, L.L.C., or who are acting on
its behalf or under its control.

1v. "Effective Date" means the date that the Defendant is served with this
injunction either in person or through its counsel, whichever occurs first.

B. Immediately upon the Effective Date of this Injunction, the Defendant shall cease
operation of the smoke house and portable cooker at Pollos Asados. Defendant
will also discontinue the use of any other cooking equipment at Pollos Asados
that utilizes charcoal, mesquite charcoal, or wood in the cooking process.

C. If the Defendant seeks to resume using the smoke house, portable cooker, or any
cooking equipment that utilizes charcoal, mesquite charcoal, or wood after an
Injunction is entered in this case, the Defendant must comply with the following:

L The Defendant must prepare and file with the Court, TCEQ, and the State
a written compliance plan detailing specific actions it will take to bring the
operation of Pollos Asados into compliance with 30 Tex. Admin. Code
101.4, 101.5, and 111.11 l(a)(l)(B) regarding nuisance, traffic
hazards/interference, and opacity, respectively, and demonstrate
Page 24 of28
State of Texas v. Francisco R. Garcia, et al.
compliance under 30 Tex. Admin. 116.110. At a mm1mum, the
compliance plan must address the following:

a. how the Defendant will stop any and all nuisances resulting from
the emissions released by Pollos Asados, including smoke and
odors (30 Tex. Admin. Code 101.4);

b. how the Defendant will prevent emissions released by Pollos


Asados from causing a traffic hazard or interfering with road use
(30 Tex. Admin. Code 101.5);

c. how the Defendant will limit the opacity of Pollos Asado' s visible
em1ss10ns to 20% or less (30 Tex. Admin. Code
111.11 l(a)(l)(B));

d. a detailed description of any equipment the Defendant intends to


use as part of the compliance plan, any engineering plans or
drawings of any changes to the Polios Asados equipment or
structure, and the names and contact information of any companies
providing equipment, installation, or engineering services, so that
TCEQ may consider the proposal and consult with service-
providers as necessary; and

e. a schedule describing the steps that will be taken as part of the


compliance plan as well as deadlines by which each step will be
completed.

n. Defendant must provide the Court, TCEQ, and the State with copies of its
written compliance plan at least 45 days before a hearing to modify the
Injunction entered in this case so that TCEQ may, through the State and if
deemed necessary, file a response to the proposed compliance plan.

111. After submitting the compliance plan to the Court, TCEQ, and the State,
Defendant may seek a hearing to modify the Injunction in this case,
including an order allowing operations to resume at Polios Asados in
accordance with the compliance plan approved by the Court and after the
terms of the compliance plan have been completed.

1v. Nothing in this Injunction prevents the State from seeking additional
penalties and additional injunctive relief should the actions taken in the
compliance plan fail to remedy any of the nuisance, traffic interference, or
opacity violations occurring at Polios Asados, or should additional
violations arise or occur.

Page 25 of28
State of Texas v. Francisco R. Garcia, et al.
D. Defendant must submit all compliance plan and certification documents to the
individuals below, in addition to filing the compliance plan with the Travis
County District Court:

George Ortiz
Air Section Manager, Region 13 - San Antonio
Texas Commission on Environmental Quality
14250 Judson Road
San Antonio, Texas 78233-4480

and

Shelly M. Doggett
Environmental Protection Division
Office of the Attorney General
P.O. Box 12548, MC-066
Austin, Texas 78711-2548.

8.4 Upon trial, the State requests that the temporary injunction be made permanent,

and such additional irtjunctive relief as the facts may warrant.

9. ATTORNEY'S FEES AND COSTS

9.1 Pursuant to Tex. Water Code 7.108 and Tex. Gov't Code 402.006, the State

asks this Court to award the State its reasonable attorney's fees, investigative costs, and court

costs incurred in relation to this proceeding. If there is an appeal to the Court of Appeals or to

the Supreme Court, the State seeks its additional reasonable attorney's fees and court costs on

behalf of the State.

PRAYER

The State of Texas prays for judgment as follows:

1. that the Court issue citation for Francisco Garcia, Maria Garcia, and Parrillando

SA, L.L.C. to appear and answer herein;

2. that upon hearing, the Court grant a temporary injunction against Parrillando SA,

L.L.C., as requested above;

Page 26 of28
State of Texas v. Francisco R. Garcia, et al.
3. that upon trial, the Court grant a permanent injunction against Parrillando SA,

L.L.C., as requested above;

4. that the Court grant judgment for appropriate civil penalties within the range

allowed by law against Francisco Garcia, Maria Garcia, and Parrillando SA,

L.L.C.;

5. that the State be awarded its reasonable attorney's fees, investigative costs, and all

costs of Court;

6. that the State be awarded post-judgment interest on the unpaid civil penalties,

attorney's fees, and investigative costs, at the legal rate until fully paid;

and

7. that the State be awarded all such other and further relief, at law and in equity, to

which it may show itself justly entitled.

Respectfully submitted,

KEN PAXTON
Attorney General of Texas

JEFFREY C. MATEER
First Assistant Attorney General

BRANTLEY STARR
Deputy First Assistant Attorney General

JAMES E. DAVIS
Deputy Attorney General for Civil Litigation

PRISCILLA M. HUBENAK
Chief, Environmental Protection Division

Page 27 of28
State of Texas v. Francisco R. Garcia, et al.
~o~!~
Assistant Attorney General
State Bar No. 24069619
Shelly.Doggett@texasattorneygeneral.gov

SIREESHA CHIRALA
Assistant Attorney General
State Bar No. 24087295
Sireesha. Chirala@texasattorneygeneral.gov

Office of the Attorney General of Texas


Environmental Protection Division
P.O. Box 12548, MC-066
Austin, Texas 78711-2548
Tel: (512) 475-3205
Fax: (512) 320-0911

ATTORNEYS FOR THE STATE OF TEXAS

Page 28 of28
State of Texas v. Francisco R. Garcia, et al.
AFFIDAVIT OF RICK CIAMPI

ST ATE OF TEXAS }
}
COUNTY OF TRAVIS }

BEFORE ME, the undersigned authority, on this day personally appeared Rick Ciampi, a
person whose identity is known to me. After I administered an oath to him, upon his oath, he said:

My name is Rick Ciampi. I am over the age of eighteen years, of sound mind, and capable of
making this affidavit [ make this affidavit on the basis of my personal knowledge and facts I
detennined upon my investigation of this matter. The statements herein are true and correct

I am an Environmental Investigator and Emission Evaluator in Region 11 of the Texas


Commission on Environmental Quality's ("TCEQ") Air Section. I have read the foregoing State of
Texas's Original Petition and Application for Injunctive Relief("Petition"), and I am personally
familiar with the facts and violations alleged therein in paragraph 5.34. I gained personal knowledge
of those facts by my personal observations during my investigation and opacity evaluation of

emissions coming from the restaurant called Pollos Asados Los Nortefios located at 4642 Rigsby
Road in San Antonio, Texas, on February 12, 2016, as mentioned in the Petition. The facts alleged
in paragraph 5.34 are true and correct.

RICK CIAMPI

SWORN TO and SUBSCRIBED before me by Rick Ciampi on the ~~~ day of


tlufjU'5i --"~-- 2016.
AFFfDAVrr OF BRIAN WILLE

STATE OF TEXAS }
}
COUNTY OF }

BEFORE the undersigned authority, on this day personally appeared Brian Wille, a
person whose identity is known to me. After I administered an oath to him, upon his oath, he said:

My name is Brian Wille. I am over the age of eighteen years, of sound mind, and capable of
making this affidavit. I make this affidavit on the basis of my personal knowledge and facts I
detennined upon my investigation of this matter. statements herein are true and correct.

I arn an Environmental Investigator in Region 13 of the Texas Commission on Environmental


Quality's ("TCEQ") Air Section. Thave read the foregoing State of Texas's Original Petition and
Application Injunctive Relief ("Petition"), and I am personally familiar vvith the facts and
violations alleged therein in paragraphs 5.36-5 .3 7. I gained personal knowledge ofthose facts by my
personal observations during my investigation of emissions coming from the restaurant called Pollos
Asados Los Nortefios located at 4642 Rigsby Road in San Antonio, Texas, on March 9, 10, and 11,
20! 6, as mentioned in the Petition. The fiicts alleged in paragraphs 5.36-5.37 are true and correct.

/? SWO~N JO and SU~3SCRIBED befr)re me by Brian Wille on the !fd day of


u_,tYt;?t4:f'~ '.:.016.
~ /

~1~._.._....,i~/,~----"-
otary Public in and fort 1e State of Texas

My commission expires: ___ ~~Ji . _ _ M


CIVIL CASE INFORMATION SHEET
CAUSE NUMBER (FOR CLERK USE ONLY ): _______________________________ COURT (FOR CLERK USE ONLY): ______________________
State of Texas v. Francisco R. Garcia, individually and d/b/a Pollos Asados Los Nortenos, Maria Mayela Garcia, individually and d/b/a Pollos Asados
STYLED ___________________________________________________________________________________________________
Los Nortenos, and Parrillando SA, L.L.C., d/b/a Pollos Asados Los Nortenos
(e.g., John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson)
A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental
health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at
the time of filing.
1. Contact information for person completing case information sheet: Names of parties in case: Person or entity completing sheet is:
Attorney for Plaintiff/Petitioner
Name: Email: Plaintiff(s)/Petitioner(s): Pro Se Plaintiff/Petitioner
Title IV-D Agency
Shelly M. Doggett
_____________________________ shelly.doggett@texasattorneygeneral.gov
____________________________ State of Texas
_________________________________ Other: _________________________

Address: Telephone: _________________________________


Additional Parties in Child Support Case:
P.O. Box 12548
_____________________________ 512-463-2012
____________________________
Defendant(s)/Respondent(s): Custodial Parent:
City/State/Zip: Fax: _________________________________
Francisco R. Garcia, individually and
_________________________________
Austin, TX 78711
_____________________________ 512-320-0911
____________________________ d/b/a Pollos Asados Los Nortenos, Non-Custodial Parent:
Maria Mayela Garcia, individually and
_________________________________ _________________________________
Signature: State Bar No: d/b/a Pollos Asados Los Nortenos, and
Parrillando SA, L.L.C., d/b/a Pollos
_________________________________ Presumed Father:
/s/ Shelly M. Doggett
_____________________________ 24069619
____________________________ Asados Los Nortenos _________________________________
[Attach additional page as necessary to list all parties]

2. Indicate case type, or identify the most important issue in the case (select only 1):
Civil Family Law
Post-judgment Actions
Contract Injury or Damage Real Property Marriage Relationship (non-Title IV-D)
Debt/Contract Assault/Battery Eminent Domain/ Annulment Enforcement
Consumer/DTPA Construction Condemnation Declare Marriage Void Modification Custody
Debt/Contract Defamation Partition Divorce Modification Other
Fraud/Misrepresentation Malpractice Quiet Title With Children Title IV-D
Other Debt/Contract: Accounting Trespass to Try Title No Children Enforcement/Modification
____________________ Legal Other Property: Paternity
Foreclosure Medical ____________________ Reciprocals (UIFSA)
Home Equity Expedited Other Professional Support Order
Other Foreclosure Liability:
Franchise _______________ Related to Criminal
Insurance Motor Vehicle Accident Matters Other Family Law Parent-Child Relationship
Landlord/Tenant Premises Expunction Enforce Foreign Adoption/Adoption with
Non-Competition Product Liability Judgment Nisi Judgment Termination
Partnership Asbestos/Silica Non-Disclosure Habeas Corpus Child Protection
Other Contract: Other Product Liability Seizure/Forfeiture Name Change Child Support
______________________ List Product: Writ of Habeas Corpus Protective Order Custody or Visitation
_________________ Pre-indictment Removal of Disabilities Gestational Parenting
Other Injury or Damage: Other: _______________ of Minority Grandparent Access
_________________ Other: Parentage/Paternity
________________________________________________________________________________ __________________ Termination of Parental
____________________

Employment Other Civil Rights


Other Parent-Child:
Discrimination Administrative Appeal Lawyer Discipline _____________________
Retaliation Antitrust/Unfair Perpetuate Testimony
Termination Competition Securities/Stock
Workers Compensation Code Violations Tortious Interference
Other Employment: Foreign Judgment Other: _______________
______________________ Intellectual Property

Tax Probate & Mental Health


Tax Appraisal Probate/Wills/Intestate Administration Guardianship Adult
Tax Delinquency Dependent Administration Guardianship Minor
Other Tax Independent Administration Mental Health
Other Estate Proceedings Other: ____________________

3. Indicate procedure or remedy, if applicable (may select more than 1):


Appeal from Municipal or Justice Court Declaratory Judgment Prejudgment Remedy
Arbitration-related Garnishment Protective Order
Attachment Interpleader Receiver
Bill of Review License Sequestration
Certiorari Mandamus Temporary Restraining Order/Injunction
Class Action Post-judgment Turnover
4. Indicate damages sought (do not select if it is a family law case):
Less than $100,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees
Less than $100,000 and non-monetary relief
Over $100, 000 but not more than $200,000
Over $200,000 but not more than $1,000,000
x Over $1,000,000
SERVICE REQUEST FORM
VELVA L. PRICE
District Clerk, Travis County
Civil Division (512) 854-9457

REQUESTED BY:

ATTORNEY/FILER: Shelly M. Doggett SUBMITTED BY: Thomas A. Ray

PHONE #: 512-475-3205 TITLE: Paralegal

EMAIL: shelly.doggett@texasattorneygeneral.gov / thomas.ray@texasattorneygeneral.gov SIGNATURE: /s/ Thomas A. Ray

ISSUE PROCESS FOR:

CAUSE #: new petition CASE STYLE: State of Texas v. Francisco R. Garcia, individually and d/b/a Pollos Asados Los Nortenos, Maria Mayela Garcia, individually and d/b/a Pollos Asados Los Nortenos, and Parrillando

QUICK CITATION REQUEST: (FOR SERVICE OF CITATION ON ALL DEFENDANTS BY PERSONAL

CITATION(S) TO THE FOLLOWING:


ISSUE CITATION TO ALL DEFENDANTS LISTED IN THE ORIGINAL PETITION AT THE ADDRESS SPECIFIED IN THE PETITION AND FORWARD THE CITATION(S)

TRAVIS CO. CONSTABLE (specify): CERTIFIED MAIL BY CLERK ATTORNEY/REQUESTER


PRIVATE PROCESS AGENCY (specify): I HAVE INCLUDED ATTACHMENTS TO THIS REQUEST (e.g. DISCOVERY) TO INCLUDE

DETAILED SERVICE REQUEST: (ON PARTICULAR PARTIES, BY VARIOUS DELIVERY METHODS, OR FOR NON-CITATION

DESRIPTION OF INSTRUMENT(S) TO BE SERVED: State of Texas's Original Petition and Application for Injunctive Relief
I HAVE INCLUDED ATTACHMENTS TO THIS REQUEST (e.g. discovery) TO INCLUDE IN THE CITATION
I
TYPE OF PROCESS TO CITATION CERTIFIED NOTICE PROTECTIVE ORDER* TRO*^ INJUNCTION*^ SEQUESTRATION*^
ISSUE: ATTACHMENT* EXECUTION* ABSTRACT* SUPERSEDEAS^ SCIRE FACIAS* OTHER^
*SPECIFY TITLE AND DATE OF UNDERLYING ORDER IN CASE RECORD: ^ATTACH A COPY OF BOND AND/OR OTHER SUPPORTING
DOCUMENT

SERVICE TO BE ISSUED:

PARTY NAME: Francisco R. Garcia individually and d/b/a Pollos Asados Los Nortenos EMAIL PROCESS TO: SERVE VIA:
TRAVIS CO. CONSTABLE PERSONAL SERVICE
PARTY TYPE
TYPE:: Defendant ATTORNEY/REQUESTOR CERTIFIED MAIL (BY CONSTABLE)
PRIVATE PROCESS AGENCY: CERTIFIED MAIL (BY CLERK)
USE ADDRESS IN ORIGINAL PETITION SECRETARY OF STATE Process Agency Name: CITATION BY POSTING*
OTHER ADDRESS: CITATION BY PUBLICATION*
CITATION
PARTY NAME: EMAIL PROCESS TO: SERVE VIA:
Maria Mayela Garcia, individually and d/b/a Pollos Asados Los Nortenos
TRAVIS CO. CONSTABLE PERSONAL SERVICE
PARTY TYPE
TYPE::
Defendant ATTORNEY/REQUESTOR CERTIFIED MAIL (BY CONSTABLE)
PRIVATE PROCESS AGENCY: CERTIFIED MAIL (BY CLERK)
USE ADDRESS IN ORIGINAL PETITION SECRETARY OF STATE Process Agency Name: CITATION BY POSTING*
OTHER ADDRESS: CITATION BY PUBLICATION*
CITATION
PARTY NAME: Parillando SA, L.L.C. by serving its Registered Agent Ileana Abigail Vilchis
EMAIL PROCESS TO: SERVE VIA:
TRAVIS CO. CONSTABLE PERSONAL SERVICE
PARTY TYPE
TYPE:: Defendant ATTORNEY/REQUESTOR CERTIFIED MAIL (BY CONSTABLE)
PRIVATE PROCESS AGENCY: CERTIFIED MAIL (BY CLERK)
USE ADDRESS IN ORIGINAL PETITION SECRETARY OF STATE Process Agency Name: CITATION BY POSTING*
OTHER ADDRESS: CITATION
CITATION BY PUBLICATION*
*THIS TYPE OF SERVICE MAY REQUIRE A COURT ORDER. ENTER DATE OF SERVICE ORDER IN CASE RECORD:
ADDITIONAL INSTRUCTIONS FOR CLERK OR FOR OFFICER SERVING PROCESS:

FOR ADDITIONAL PARTIES TO BE SERVED, USE e-FILED PROCESS ISSUANCE REQUEST FORM ADDENDUM

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