Bill Text: TX HB2841 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to suits to collect assessments owed by certain citrus producers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2021-04-08 - Reported favorably w/o amendment(s) [HB2841 Detail]
Download: Texas-2021-HB2841-Introduced.html
| 87R6269 BEF-F | ||
| By: Longoria | H.B. No. 2841 | |
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| relating to suits to collect assessments owed by certain citrus | ||
| producers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 80, Agriculture Code, is amended by | ||
| adding Section 80.0175 to read as follows: | ||
| Sec. 80.0175. SUIT TO COLLECT DELINQUENT ASSESSMENT. (a) | ||
| At any time after an assessment becomes delinquent, the corporation | ||
| may investigate conditions that relate to the prompt remittance of | ||
| the assessment by a citrus producer. | ||
| (b) If the corporation determines that a citrus producer has | ||
| failed to remit an assessment to the corporation as required by this | ||
| chapter, the corporation may: | ||
| (1) independently bring suit against the citrus | ||
| producer to obtain appropriate injunctive relief or a judgment in | ||
| the amount due to the corporation, including: | ||
| (A) the amount of delinquent assessments; | ||
| (B) penalties assessed under Section 80.017(a); | ||
| and | ||
| (C) interest on delinquent assessments and | ||
| penalties; or | ||
| (2) request the department, the attorney general, or a | ||
| county or district attorney having jurisdiction to file suit on the | ||
| corporation's behalf. | ||
| (c) A court shall order the injunctive relief necessary to | ||
| ensure payment of the delinquent assessments by the citrus | ||
| producer. | ||
| (d) A court shall grant injunctive relief under Subsection | ||
| (b) without a bond. | ||
| (e) In a petition for injunctive relief under Subsection | ||
| (b), the corporation may also seek to secure payment of assessments | ||
| for the current year that are not yet delinquent. The corporation | ||
| shall estimate the amount of any assessments for the year that have | ||
| not yet been made. | ||
| (f) A petition under Subsection (b) is sufficient if it | ||
| alleges that: | ||
| (1) the corporation is legally constituted and | ||
| authorized to impose and collect assessments from citrus producers; | ||
| (2) assessments in the amounts stated were legally | ||
| imposed on the citrus producer for each year specified in the suit; | ||
| (3) the assessments are delinquent; | ||
| (4) penalties, interest, and costs allowed by law in | ||
| the amounts stated are due in connection with the assessments; | ||
| (5) the citrus producer named in the suit was legally | ||
| subject to assessments under this chapter when the assessments | ||
| became due; | ||
| (6) the corporation has done all things required under | ||
| this chapter to enforce the payment of the assessments; and | ||
| (7) the attorney signing the petition is legally | ||
| authorized to prosecute the suit on behalf of the corporation. | ||
| (g) The corporation, the department, the attorney general, | ||
| and a county or district attorney are entitled to recover | ||
| reasonable expenses incurred in obtaining injunctive relief or a | ||
| judgment under this section, including: | ||
| (1) investigatory costs and fees; | ||
| (2) reasonable attorney's fees; and | ||
| (3) court costs. | ||
| (h) Venue for a suit under this section is in: | ||
| (1) Travis County; or | ||
| (2) the county in which the citrus producer named in | ||
| the suit is located or conducts business related to the production | ||
| of citrus. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
