86R29522 BEF-D
By: González of El Paso H.B. No. 32
Substitute the following for H.B. No. 32:
By: Springer C.S.H.B. No. 32
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain pecan buyers in certain
counties; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 5, Agriculture Code, is
amended by adding Chapter 105 to read as follows:
CHAPTER 105. PECAN BUYERS IN CERTAIN COUNTIES
Sec. 105.001. DEFINITIONS. In this chapter:
(1) "Buyer" means a person engaged in the business of
purchasing in-shell pecans from a pecan producer. The term
includes an accumulator, buying location, cleaning plant, sheller,
dealer, or broker.
(2) "Buying location" means a physical location where
a buyer accepts in-shell pecans or, if the purchase of in-shell
pecans is brokered, a physical location where records relating to
the purchase of in-shell pecans are maintained.
(3) "In-shell pecan" means a pecan nut with its shell
attached.
(4) "Peace officer" means a person described by
Article 2.12, Code of Criminal Procedure.
(5) "Pecan producer" means a person who grows pecans.
(6) "Western county" means one of the five westernmost
counties in this state in which pecans are produced, measured at the
westernmost part of each county.
Sec. 105.002. PROOF OF PURCHASE FORM. (a) This section
applies only to a buyer who purchased more than 1,000 pounds of
in-shell pecans in the 12 months preceding the date of a
transaction.
(b) A buyer who purchases more than 50 pounds of in-shell
pecans in a western county in a single transaction shall complete a
proof of purchase form promulgated by the department describing the
transaction. The buyer shall retain the form for at least 24 months
after the date of the transaction and shall provide the form to a
peace officer on request.
(c) The form under Subsection (b) must provide space for
recording the:
(1) date of sale;
(2) pecan variety;
(3) quantity of pecans, in pounds;
(4) orchard owner's name and telephone number;
(5) pecan producer's name and telephone number;
(6) exact location of harvested pecans;
(7) name, driver's license number or tax
identification number, and telephone number of the individual
authorizing harvest;
(8) seller's name, address, and telephone number;
(9) seller's agent's name, address, and telephone
number;
(10) seller's or seller's agent's signature;
(11) buyer's name, address, and driver's license
number or tax identification number;
(12) buyer's agent's name and address;
(13) buyer's or buyer's agent's signature;
(14) license plate number, make, type, and color of
the vehicle delivering the pecans; and
(15) name, driver's license number, and state of
driver's license issuance of the driver of the vehicle delivering
the pecans.
Sec. 105.003. CIVIL PENALTY. (a) A buyer who fails to
complete a proof of purchase form as required by Section 105.002(b)
is liable to the state for a civil penalty not to exceed $250 for
each violation.
(b) On request of the department, the attorney general or
the county attorney or district attorney of the county in which the
violation is alleged to have occurred shall file suit to collect the
penalty.
(c) A civil penalty collected under this section in a suit
filed by the attorney general shall be deposited in the general
revenue fund. A civil penalty collected under this section in a suit
filed by a county or district attorney shall be divided between the
state and the county in which the county or district attorney
brought suit, with 50 percent of the amount collected paid to the
state for deposit in the general revenue fund and 50 percent of the
amount collected paid to the county.
SECTION 2. This Act takes effect September 1, 2019.