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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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