| |
| |
| |
|
|
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 |