Bill Text: TX HB2841 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to suits to collect assessments owed by certain citrus producers.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2021-06-07 - Effective immediately [HB2841 Detail]
Download: Texas-2021-HB2841-Enrolled.html
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2841 was passed by the House on April | ||
23, 2021, by the following vote: Yeas 118, Nays 28, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2841 was passed by the Senate on May | ||
19, 2021, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |