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