H.B. No. 2841
AN ACT
relating to suits to collect assessments owed by certain citrus
producers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 80, Agriculture Code, is amended by
adding Section 80.0175 to read as follows:
Sec. 80.0175. SUIT TO COLLECT DELINQUENT ASSESSMENT. (a)
At any time after an assessment becomes delinquent, the corporation
may investigate conditions that relate to the prompt remittance of
the assessment by a citrus producer.
(b) If the corporation determines that a citrus producer has
failed to remit an assessment to the corporation as required by this
chapter, the corporation may:
(1) independently bring suit against the citrus
producer to obtain appropriate injunctive relief or a judgment in
the amount due to the corporation, including:
(A) the amount of delinquent assessments;
(B) penalties assessed under Section 80.017(a);
and
(C) interest on delinquent assessments and
penalties; or
(2) request the department, the attorney general, or a
county or district attorney having jurisdiction to file suit on the
corporation's behalf.
(c) A court shall order the injunctive relief necessary to
ensure payment of the delinquent assessments by the citrus
producer.
(d) A court shall grant injunctive relief under Subsection
(b) without a bond.
(e) In a petition for injunctive relief under Subsection
(b), the corporation may also seek to secure payment of assessments
for the current year that are not yet delinquent. The corporation
shall estimate the amount of any assessments for the year that have
not yet been made.
(f) A petition under Subsection (b) is sufficient if it
alleges that:
(1) the corporation is legally constituted and
authorized to impose and collect assessments from citrus producers;
(2) assessments in the amounts stated were legally
imposed on the citrus producer for each year specified in the suit;
(3) the assessments are delinquent;
(4) penalties, interest, and costs allowed by law in
the amounts stated are due in connection with the assessments;
(5) the citrus producer named in the suit was legally
subject to assessments under this chapter when the assessments
became due;
(6) the corporation has done all things required under
this chapter to enforce the payment of the assessments; and
(7) the attorney signing the petition is legally
authorized to prosecute the suit on behalf of the corporation.
(g) The corporation, the department, the attorney general,
and a county or district attorney are entitled to recover
reasonable expenses incurred in obtaining injunctive relief or a
judgment under this section, including:
(1) investigatory costs and fees;
(2) reasonable attorney's fees; and
(3) court costs.
(h) Venue for a suit under this section is in:
(1) Travis County; or
(2) the county in which the citrus producer named in
the suit is located or conducts business related to the production
of citrus.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2841 was passed by the House on April
23, 2021, by the following vote: Yeas 118, Nays 28, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2841 was passed by the Senate on May
19, 2021, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor