Texas 2021 - 87th Regular

Texas House Bill HB3289 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3289
	1	+	By: González of El Paso (Senate Sponsor - Blanco) H.B. No. 3289
	2	+	(In the Senate - Received from the House May 3, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on Water,
	4	+	Agriculture & Rural Affairs; May 21, 2021, reported favorably by
	5	+	the following vote: Yeas 8, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the penalties for a violation of a quarantine or rule to
6	12		protect pecans or pecan trees from diseases or pests; increasing
7	13		civil penalties.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 71.012, Agriculture Code, is amended by
10	16		amending Subsection (a) and adding Subsections (a-1) and (a-2) to
11	17		read as follows:
12	18		(a) Except as provided by Subsections (a-1) and (a-2), a [A]
13	19		person who violates this subchapter or a rule adopted under this
14	20		subchapter is liable to the state for a civil penalty of not less
15	21		than $250 nor more than $10,000 for each violation. Each day a
16	22		violation continues may be considered a separate violation for
17	23		purposes of a civil penalty assessment.
18	24		(a-1) Subject to Subsection (a-2), a person who violates a
19	25		quarantine established under this subchapter against a pest or
20	26		disease affecting pecans or pecan trees or violates a rule adopted
21	27		under this subchapter for the protection of pecans or pecan trees is
22	28		liable to the state for a civil penalty of not less than $500 nor
23	29		more than $20,000 for each violation. Each day a violation
24	30		continues may be considered a separate violation for purposes of a
25	31		civil penalty assessment.
26	32		(a-2) For the first violation of a quarantine established
27	33		under this subchapter against a pest or disease affecting pecans or
28	34		pecan trees or a violation of a rule adopted under this subchapter
29	35		for the protection of pecans or pecan trees, in lieu of a civil
30	36		penalty, a registrant under Section 71.043 may remedy the violation
31	37		by entering into a compliance agreement with the department and
32	38		returning, treating, or destroying the article subject to the
33	39		quarantine as directed by the department.
34	40		SECTION 2. Section 71.013, Agriculture Code, is amended by
35	41		amending Subsection (b) and adding Subsection (b-1) to read as
36	42		follows:
37	43		(b) Except as provided by Subsection (b-1), an [An] offense
38	44		under this section is a Class C misdemeanor.
39	45		(b-1) For the first violation constituting an offense under
40	46		this section, in lieu of a criminal penalty, a registrant under
41	47		Section 71.043 may remedy the violation by entering into a
42	48		compliance agreement with the department and returning, treating,
43	49		or destroying the article subject to the quarantine as directed by
44	50		the department.
45	51		SECTION 3. The changes in law made by this Act apply only to
46	52		an offense or other violation committed on or after September 1,
47	53		2021. An offense or other violation committed before September 1,
48	54		2021, is governed by the law in effect on the date the offense or
49	55		violation was committed, and the former law is continued in effect
50	56		for that purpose. For purposes of this section, an offense or
51	57		violation was committed before September 1, 2021, if any element of
52	58		the offense or violation occurred before that date.
53	59		SECTION 4. This Act takes effect September 1, 2021.
54		-	______________________________ ______________________________
55		-	President of the Senate Speaker of the House
56		-	I certify that H.B. No. 3289 was passed by the House on April
57		-	30, 2021, by the following vote: Yeas 96, Nays 45, 2 present, not
58		-	voting.
59		-	______________________________
60		-	Chief Clerk of the House
61		-	I certify that H.B. No. 3289 was passed by the Senate on May
62		-	26, 2021, by the following vote: Yeas 27, Nays 4.
63		-	______________________________
64		-	Secretary of the Senate
65		-	APPROVED: _____________________
66		-	Date
67		-	_____________________
68		-	Governor
	60	+	* * * * *