1-1 By: Swinford (Senate Sponsor - Haywood) H.B. No. 2354
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 2, 2001, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 2, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to collecting and remitting commodity producers board
1-9 assessments.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 12.020(c), Agriculture Code, is amended to
1-12 read as follows:
1-13 (c) The provisions of this code subject to this section and
1-14 the applicable penalty amounts are as follows:
1-15 Provision Amount of [Maximum] Penalty
1-16 Chapter 41 $1,000
1-17 Chapters 13, 14, 18, 46, 61, 94,
1-18 95, 101, 102, 103, 121, 125,
1-19 132, and 134 not more than $500
1-20 Subchapter B, Chapter 71
1-21 Chapter 19
1-22 Chapter [Chapters 75 and] 76 not more than $2,000
1-23 Subchapters A and C, Chapter 71
1-24 Chapters 72, 73, and 74 not more than $5,000.
1-25 SECTION 2. Section 41.101, Agriculture Code, is amended to
1-26 read as follows:
1-27 Sec. 41.101. FAILURE TO REMIT ASSESSMENT. (a) The board may
1-28 investigate conditions that relate to the prompt remittance of the
1-29 assessment by any producer or processor. If the board has probable
1-30 cause to believe [determines] that a person has failed to collect
1-31 an assessment or failed to remit to the board an [the] assessment
1-32 as required by this chapter, the board may:
1-33 (1) independently institute proceedings for recovery
1-34 of the amount due to the board or for injunctive or other
1-35 appropriate relief; [or]
1-36 (2) request the attorney general, or the county or
1-37 district attorney having jurisdiction, or both, to institute
1-38 proceedings in the board's behalf; or
1-39 (3) forward to the department for action under Section
1-40 41.1011 a complaint and any original evidence or other information
1-41 establishing probable cause.
1-42 (b) Suit under this section may be brought in [a court of
1-43 competent jurisdiction in either] Travis County or a [the] county
1-44 in which the person who is alleged to have failed to collect or
1-45 remit an assessment conducts business related to the commodity
1-46 subject to the uncollected or unpaid assessment [transaction
1-47 occurred].
1-48 (c) The remedies provided by this section are [This remedy
1-49 is] cumulative of other remedies provided by law.
1-50 SECTION 3. Subchapter F, Chapter 41, Agriculture Code, is
1-51 amended by adding Section 41.1011 to read as follows:
1-52 Sec. 41.1011. ACTION BY DEPARTMENT. (a) On receipt of a
1-53 complaint from the board under Section 41.101(a)(3), the department
1-54 may investigate, audit, and inspect the records of the person who
1-55 is the subject of the complaint, provided that any audit or
1-56 inspection must take place during normal business hours.
1-57 (b) On determination by the department that a person has
1-58 failed to collect an assessment or failed to remit to the board an
1-59 assessment collected from a producer or processor, the department
1-60 may:
1-61 (1) request a hearing under Section 12.032 to
1-62 determine the amount of payment due to the board, including
1-63 interest at an annual rate of 10 percent, and issue an order that
1-64 the person pay the required amount to the board;
2-1 (2) impose an appropriate administrative penalty; and
2-2 (3) request the attorney general or a county or
2-3 district attorney having jurisdiction to bring an action for
2-4 appropriate civil or criminal penalties or injunctive relief.
2-5 (c) The attorney general may bring a civil action to enforce
2-6 an order of the department and collect any amounts owed under the
2-7 order, including costs and fees under Subsection (d).
2-8 (d) On prevailing in an action commenced by the department
2-9 through the attorney general or a county or district attorney under
2-10 this section, the department and the attorney general or county or
2-11 district attorney are each entitled to recover, in addition to
2-12 other relief available:
2-13 (1) investigation costs and fees;
2-14 (2) reasonable attorney's fees; and
2-15 (3) court costs.
2-16 (e) Suit under this section may be brought in Travis County
2-17 or a county in which the person who failed to collect or remit an
2-18 assessment conducts business related to the commodity subject to
2-19 the uncollected or unpaid assessment.
2-20 (f) An assessment and any interest collected under this
2-21 section shall be deposited in the account of the board that levied
2-22 the assessment.
2-23 (g) The remedies provided by this section are cumulative of
2-24 other remedies provided by law.
2-25 SECTION 4. This Act takes effect immediately if it receives
2-26 a vote of two-thirds of all the members elected to each house, as
2-27 provided by Section 39, Article III, Texas Constitution. If this
2-28 Act does not receive the vote necessary for immediate effect, this
2-29 Act takes effect September 1, 2001.
2-30 * * * * *