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A BILL TO BE ENTITLED
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AN ACT
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relating to suits to collect assessments owed by certain citrus |
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producers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 80, Agriculture Code, is amended by |
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adding Section 80.0175 to read as follows: |
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Sec. 80.0175. SUIT TO COLLECT DELINQUENT ASSESSMENT. (a) |
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At any time after an assessment becomes delinquent, the corporation |
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may investigate conditions that relate to the prompt remittance of |
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the assessment by a citrus producer. |
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(b) If the corporation determines that a citrus producer has |
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failed to remit an assessment to the corporation as required by this |
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chapter, the corporation may: |
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(1) independently bring suit against the citrus |
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producer to obtain appropriate injunctive relief or a judgment in |
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the amount due to the corporation, including: |
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(A) the amount of delinquent assessments; |
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(B) penalties assessed under Section 80.017(a); |
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and |
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(C) interest on delinquent assessments and |
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penalties; or |
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(2) request the department, the attorney general, or a |
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county or district attorney having jurisdiction to file suit on the |
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corporation's behalf. |
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(c) A court shall order the injunctive relief necessary to |
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ensure payment of the delinquent assessments by the citrus |
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producer. |
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(d) A court shall grant injunctive relief under Subsection |
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(b) without a bond. |
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(e) In a petition for injunctive relief under Subsection |
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(b), the corporation may also seek to secure payment of assessments |
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for the current year that are not yet delinquent. The corporation |
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shall estimate the amount of any assessments for the year that have |
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not yet been made. |
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(f) A petition under Subsection (b) is sufficient if it |
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alleges that: |
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(1) the corporation is legally constituted and |
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authorized to impose and collect assessments from citrus producers; |
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(2) assessments in the amounts stated were legally |
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imposed on the citrus producer for each year specified in the suit; |
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(3) the assessments are delinquent; |
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(4) penalties, interest, and costs allowed by law in |
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the amounts stated are due in connection with the assessments; |
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(5) the citrus producer named in the suit was legally |
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subject to assessments under this chapter when the assessments |
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became due; |
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(6) the corporation has done all things required under |
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this chapter to enforce the payment of the assessments; and |
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(7) the attorney signing the petition is legally |
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authorized to prosecute the suit on behalf of the corporation. |
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(g) The corporation, the department, the attorney general, |
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and a county or district attorney are entitled to recover |
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reasonable expenses incurred in obtaining injunctive relief or a |
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judgment under this section, including: |
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(1) investigatory costs and fees; |
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(2) reasonable attorney's fees; and |
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(3) court costs. |
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(h) Venue for a suit under this section is in: |
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(1) Travis County; or |
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(2) the county in which the citrus producer named in |
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the suit is located or conducts business related to the production |
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of citrus. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |