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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalties for a violation of a quarantine or rule to |
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protect pecans or pecan trees from diseases or pests; increasing |
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civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.012, Agriculture Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) Except as provided by Subsections (a-1) and (a-2), a [A] |
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person who violates this subchapter or a rule adopted under this |
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subchapter is liable to the state for a civil penalty of not less |
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than $250 nor more than $10,000 for each violation. Each day a |
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violation continues may be considered a separate violation for |
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purposes of a civil penalty assessment. |
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(a-1) Subject to Subsection (a-2), a person who violates a |
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quarantine established under this subchapter against a pest or |
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disease affecting pecans or pecan trees or violates a rule adopted |
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under this subchapter for the protection of pecans or pecan trees is |
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liable to the state for a civil penalty of not less than $500 nor |
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more than $20,000 for each violation. Each day a violation |
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continues may be considered a separate violation for purposes of a |
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civil penalty assessment. |
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(a-2) For the first violation of a quarantine established |
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under this subchapter against a pest or disease affecting pecans or |
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pecan trees or a violation of a rule adopted under this subchapter |
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for the protection of pecans or pecan trees, in lieu of a civil |
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penalty, a registrant under Section 71.043 may remedy the violation |
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by entering into a compliance agreement with the department and |
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returning, treating, or destroying the article subject to the |
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quarantine as directed by the department. |
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SECTION 2. Section 71.013, Agriculture Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), an [An] offense |
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under this section is a Class C misdemeanor. |
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(b-1) For the first violation constituting an offense under |
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this section, in lieu of a criminal penalty, a registrant under |
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Section 71.043 may remedy the violation by entering into a |
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compliance agreement with the department and returning, treating, |
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or destroying the article subject to the quarantine as directed by |
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the department. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense or other violation committed on or after September 1, |
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2021. An offense or other violation committed before September 1, |
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2021, is governed by the law in effect on the date the offense or |
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violation was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense or |
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violation was committed before September 1, 2021, if any element of |
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the offense or violation occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |