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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 and criminal 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 Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), a [A] person who |
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violates this subchapter or a rule adopted under this subchapter is |
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liable to the state for a civil penalty of not less than $250 nor |
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more than $10,000 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-1) A person who violates a quarantine established under |
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this subchapter against a pest or disease affecting pecans or pecan |
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trees or violates a rule adopted under this subchapter for the |
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protection of pecans or pecan trees is liable to the state for a |
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civil penalty of not less than $500 nor more than $20,000 for each |
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violation. Each day a violation continues may be considered a |
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separate violation for purposes of a civil penalty assessment. |
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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 (a-1), an [An] offense |
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under this section is a Class C misdemeanor. |
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(b-1) An offense under this section is a Class B misdemeanor |
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if the violation involves a pecan, all or part of a pecan tree, or a |
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pest or disease affecting pecans or pecan trees. |
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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. |