87R6795 MP-D
By: González of El Paso H.B. No. 3289
A BILL TO BE ENTITLED
AN ACT
relating to the penalties for a violation of a quarantine or rule to
protect pecans or pecan trees from diseases or pests; increasing
civil and criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.012, Agriculture Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), a [A] person who
violates this subchapter or a rule adopted under this subchapter is
liable to the state for a civil penalty of not less than $250 nor
more than $10,000 for each violation. Each day a violation
continues may be considered a separate violation for purposes of a
civil penalty assessment.
(a-1) A person who violates a quarantine established under
this subchapter against a pest or disease affecting pecans or pecan
trees or violates a rule adopted under this subchapter for the
protection of pecans or pecan trees is liable to the state for a
civil penalty of not less than $500 nor more than $20,000 for each
violation. Each day a violation continues may be considered a
separate violation for purposes of a civil penalty assessment.
SECTION 2. Section 71.013, Agriculture Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (a-1), an [An] offense
under this section is a Class C misdemeanor.
(b-1) An offense under this section is a Class B misdemeanor
if the violation involves a pecan, all or part of a pecan tree, or a
pest or disease affecting pecans or pecan trees.
SECTION 3. The changes in law made by this Act apply only to
an offense or other violation committed on or after September 1,
2021. An offense or other violation committed before September 1,
2021, is governed by the law in effect on the date the offense or
violation was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense or
violation was committed before September 1, 2021, if any element of
the offense or violation occurred before that date.
SECTION 4. This Act takes effect September 1, 2021.