By: González of El Paso (Senate Sponsor - Blanco) H.B. No. 3289
(In the Senate - Received from the House May 3, 2021;
May 14, 2021, read first time and referred to Committee on Water,
Agriculture & Rural Affairs; May 21, 2021, reported favorably by
the following vote: Yeas 8, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
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 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 Subsections (a-1) and (a-2) to
read as follows:
(a) Except as provided by Subsections (a-1) and (a-2), 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) Subject to Subsection (a-2), 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.
(a-2) For the first violation of a quarantine established
under this subchapter against a pest or disease affecting pecans or
pecan trees or a violation of a rule adopted under this subchapter
for the protection of pecans or pecan trees, in lieu of a civil
penalty, a registrant under Section 71.043 may remedy the violation
by entering into a compliance agreement with the department and
returning, treating, or destroying the article subject to the
quarantine as directed by the department.
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 (b-1), an [An] offense
under this section is a Class C misdemeanor.
(b-1) For the first violation constituting an offense under
this section, in lieu of a criminal penalty, a registrant under
Section 71.043 may remedy the violation by entering into a
compliance agreement with the department and returning, treating,
or destroying the article subject to the quarantine as directed by
the department.
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.
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