1-1                                   AN ACT
 1-2     relating to collecting and remitting commodity producers board
 1-3     assessments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 12.020(c), Agriculture Code, is amended to
 1-6     read as follows:
 1-7           (c)  The provisions of this code subject to this section and
 1-8     the applicable penalty amounts are as follows:
 1-9                  Provision                  Amount of [Maximum] Penalty
1-10     Chapter 41                                               $1,000
1-11     Chapters 13, 14, 18, 46, 61, 94,
1-12     95, 101, 102, 103, 121, 125,
1-13     132, and 134                               not more than $500
1-14     Subchapter B, Chapter 71
1-15     Chapter 19
1-16     Chapter [Chapters 75 and] 76               not more than $2,000
1-17     Subchapters A and C, Chapter 71
1-18     Chapters 72, 73, and 74                    not more than $5,000.
1-19           SECTION 2. Section 41.101, Agriculture Code, is amended to
1-20     read as follows:
1-21           Sec. 41.101.  FAILURE TO REMIT ASSESSMENT. (a)  The board may
1-22     investigate conditions that relate to the prompt remittance of the
1-23     assessment by any producer or processor.  If the board has probable
1-24     cause to believe [determines] that a person has failed to collect
 2-1     an assessment or failed to remit to the board an [the] assessment
 2-2     as required by this chapter, the board may:
 2-3                 (1)  independently institute proceedings for recovery
 2-4     of the amount due to the board or for injunctive or other
 2-5     appropriate relief; [or]
 2-6                 (2)  request the attorney general, or the county or
 2-7     district attorney having jurisdiction, or both, to institute
 2-8     proceedings in the board's behalf; or
 2-9                 (3)  forward to the department for action under Section
2-10     41.1011 a complaint and any original evidence or other information
2-11     establishing probable cause.
2-12           (b)  Suit under this section may be brought in [a court of
2-13     competent jurisdiction in either] Travis County or a [the] county
2-14     in which the person who is alleged to have failed to collect or
2-15     remit an assessment conducts business related to the commodity
2-16     subject to the uncollected or unpaid assessment [transaction
2-17     occurred].
2-18           (c)  The remedies provided by this section are [This remedy
2-19     is] cumulative of other remedies provided by law.
2-20           SECTION 3. Subchapter F, Chapter 41, Agriculture Code, is
2-21     amended by adding Section 41.1011 to read as follows:
2-22           Sec. 41.1011.  ACTION BY DEPARTMENT. (a)  On receipt of a
2-23     complaint from the board under Section 41.101(a)(3), the department
2-24     may investigate, audit, and inspect the records of the person who
2-25     is the subject of the complaint, provided that any audit or
2-26     inspection must take place during normal business hours.
2-27           (b)  On determination by the department that a person has
 3-1     failed to collect an assessment or failed to remit to the board an
 3-2     assessment collected from a producer or processor, the department
 3-3     may:
 3-4                 (1)  request a hearing under Section 12.032 to
 3-5     determine the amount of payment due to the board, including
 3-6     interest at an annual rate of 10 percent, and issue an order that
 3-7     the person pay the required amount to the board;
 3-8                 (2)  impose an appropriate administrative penalty; and
 3-9                 (3)  request the attorney general or a county or
3-10     district attorney having jurisdiction to bring an action for
3-11     appropriate civil or criminal penalties or injunctive relief.
3-12           (c)  The attorney general may bring a civil action to enforce
3-13     an order of the department and collect any amounts owed under the
3-14     order, including costs and fees under Subsection (d).
3-15           (d)  On prevailing in an action commenced by the department
3-16     through the attorney general or a county or district attorney under
3-17     this section, the department and the attorney general or county or
3-18     district attorney are each entitled to recover, in addition to
3-19     other relief available:
3-20                 (1)  investigation costs and fees;
3-21                 (2)  reasonable attorney's fees; and
3-22                 (3)  court costs.
3-23           (e)  Suit under this section may be brought in Travis County
3-24     or a county in which the person who failed to collect or remit an
3-25     assessment conducts business related to the commodity subject to
3-26     the uncollected or unpaid assessment.
3-27           (f)  An assessment and any interest collected under this
 4-1     section shall be deposited in the account of the board that levied
 4-2     the assessment.
 4-3           (g)  The remedies provided by this section are cumulative of
 4-4     other remedies provided by law.
 4-5           SECTION 4.  This Act takes effect immediately if it receives
 4-6     a vote of two-thirds of all the members elected to each house, as
 4-7     provided by Section 39, Article III, Texas Constitution.  If this
 4-8     Act does not receive the vote necessary for immediate effect, this
 4-9     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2354 was passed by the House on April
         5, 2001, by the following vote:  Yeas 141, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2354 was passed by the Senate on May
         10, 2001, by the following vote:  Yeas 29, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor