Texas 2021 87th Regular

Texas House Bill HB3289 Enrolled / Bill

Filed 05/28/2021

                    H.B. No. 3289


 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.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 3289 was passed by the House on April
 30, 2021, by the following vote:  Yeas 96, Nays 45, 2 present, not
 voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 3289 was passed by the Senate on May
 26, 2021, by the following vote:  Yeas 27, Nays 4.
 ______________________________
 Secretary of the Senate
 APPROVED:  _____________________
 Date
 _____________________
 Governor