LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION May 20, 2021 TO: Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture & Rural Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3289 by Gonzlez, Mary (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.), As Engrossed The fiscal implications to the State cannot be determined because the number of penalties and the amount that would be assessed by the Texas Department of Agriculture is unknown. The bill would establish a civil penalty of between $500 and $20,000 for violating provisions of the Agriculture Code related to the protection of pecans or pecan trees from disease or pests by making persons that violate for each violation. The bill would permit remedying of the first assessment of this civil penalty or a Class C misdemeanor offense by entering into a compliance agreement with the Texas Department of Agriculture (TDA) and returning, treating, or destroying the item subject to the quarantine as directed by TDA.Based on the analysis of the TDA, duties and responsibilities associated with implementing the provisions of the bill could absorbed with available resources.Based on the analysis of the Comptroller of Public Accounts, the revenue implications of the civil penalties cannot be estimated because the number of penalties and the amount that would be assessed by the TDA is unknown. The bill would take effect September 1, 2021. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin, 304 Comptroller of Public Accounts, 551 Department of Agriculture LBB Staff: b > td > JMc, AJL, MW, GDZ, CMA
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
May 20, 2021
TO: Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture & Rural Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3289 by Gonzlez, Mary (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.), As Engrossed
TO: Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture & Rural Affairs
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB3289 by Gonzlez, Mary (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.), As Engrossed
Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture & Rural Affairs
Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture & Rural Affairs
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB3289 by Gonzlez, Mary (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.), As Engrossed
HB3289 by Gonzlez, Mary (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.), As Engrossed
The fiscal implications to the State cannot be determined because the number of penalties and the amount that would be assessed by the Texas Department of Agriculture is unknown.
The fiscal implications to the State cannot be determined because the number of penalties and the amount that would be assessed by the Texas Department of Agriculture is unknown.
The bill would establish a civil penalty of between $500 and $20,000 for violating provisions of the Agriculture Code related to the protection of pecans or pecan trees from disease or pests by making persons that violate for each violation. The bill would permit remedying of the first assessment of this civil penalty or a Class C misdemeanor offense by entering into a compliance agreement with the Texas Department of Agriculture (TDA) and returning, treating, or destroying the item subject to the quarantine as directed by TDA.Based on the analysis of the TDA, duties and responsibilities associated with implementing the provisions of the bill could absorbed with available resources.Based on the analysis of the Comptroller of Public Accounts, the revenue implications of the civil penalties cannot be estimated because the number of penalties and the amount that would be assessed by the TDA is unknown. The bill would take effect September 1, 2021.
The bill would take effect September 1, 2021.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin, 304 Comptroller of Public Accounts, 551 Department of Agriculture
212 Office of Court Admin, 304 Comptroller of Public Accounts, 551 Department of Agriculture
LBB Staff: b > td > JMc, AJL, MW, GDZ, CMA
JMc, AJL, MW, GDZ, CMA