Bill Text: TX HB32 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the regulation of certain pecan buyers in certain counties; providing a civil penalty.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-05-10 - Returned to Local & Consent Calendars Comm. [HB32 Detail]
Download: Texas-2019-HB32-Comm_Sub.html
| 86R29522 BEF-D | |||
| By: González of El Paso | H.B. No. 32 | ||
| Substitute the following for H.B. No. 32: | |||
| By: Springer | C.S.H.B. No. 32 | ||
|
|
||
|
|
||
| relating to the regulation of certain pecan buyers in certain | ||
| counties; providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle D, Title 5, Agriculture Code, is | ||
| amended by adding Chapter 105 to read as follows: | ||
| CHAPTER 105. PECAN BUYERS IN CERTAIN COUNTIES | ||
| Sec. 105.001. DEFINITIONS. In this chapter: | ||
| (1) "Buyer" means a person engaged in the business of | ||
| purchasing in-shell pecans from a pecan producer. The term | ||
| includes an accumulator, buying location, cleaning plant, sheller, | ||
| dealer, or broker. | ||
| (2) "Buying location" means a physical location where | ||
| a buyer accepts in-shell pecans or, if the purchase of in-shell | ||
| pecans is brokered, a physical location where records relating to | ||
| the purchase of in-shell pecans are maintained. | ||
| (3) "In-shell pecan" means a pecan nut with its shell | ||
| attached. | ||
| (4) "Peace officer" means a person described by | ||
| Article 2.12, Code of Criminal Procedure. | ||
| (5) "Pecan producer" means a person who grows pecans. | ||
| (6) "Western county" means one of the five westernmost | ||
| counties in this state in which pecans are produced, measured at the | ||
| westernmost part of each county. | ||
| Sec. 105.002. PROOF OF PURCHASE FORM. (a) This section | ||
| applies only to a buyer who purchased more than 1,000 pounds of | ||
| in-shell pecans in the 12 months preceding the date of a | ||
| transaction. | ||
| (b) A buyer who purchases more than 50 pounds of in-shell | ||
| pecans in a western county in a single transaction shall complete a | ||
| proof of purchase form promulgated by the department describing the | ||
| transaction. The buyer shall retain the form for at least 24 months | ||
| after the date of the transaction and shall provide the form to a | ||
| peace officer on request. | ||
| (c) The form under Subsection (b) must provide space for | ||
| recording the: | ||
| (1) date of sale; | ||
| (2) pecan variety; | ||
| (3) quantity of pecans, in pounds; | ||
| (4) orchard owner's name and telephone number; | ||
| (5) pecan producer's name and telephone number; | ||
| (6) exact location of harvested pecans; | ||
| (7) name, driver's license number or tax | ||
| identification number, and telephone number of the individual | ||
| authorizing harvest; | ||
| (8) seller's name, address, and telephone number; | ||
| (9) seller's agent's name, address, and telephone | ||
| number; | ||
| (10) seller's or seller's agent's signature; | ||
| (11) buyer's name, address, and driver's license | ||
| number or tax identification number; | ||
| (12) buyer's agent's name and address; | ||
| (13) buyer's or buyer's agent's signature; | ||
| (14) license plate number, make, type, and color of | ||
| the vehicle delivering the pecans; and | ||
| (15) name, driver's license number, and state of | ||
| driver's license issuance of the driver of the vehicle delivering | ||
| the pecans. | ||
| Sec. 105.003. CIVIL PENALTY. (a) A buyer who fails to | ||
| complete a proof of purchase form as required by Section 105.002(b) | ||
| is liable to the state for a civil penalty not to exceed $250 for | ||
| each violation. | ||
| (b) On request of the department, the attorney general or | ||
| the county attorney or district attorney of the county in which the | ||
| violation is alleged to have occurred shall file suit to collect the | ||
| penalty. | ||
| (c) A civil penalty collected under this section in a suit | ||
| filed by the attorney general shall be deposited in the general | ||
| revenue fund. A civil penalty collected under this section in a suit | ||
| filed by a county or district attorney shall be divided between the | ||
| state and the county in which the county or district attorney | ||
| brought suit, with 50 percent of the amount collected paid to the | ||
| state for deposit in the general revenue fund and 50 percent of the | ||
| amount collected paid to the county. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
