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.
Spectrum: Partisan Bill (Democrat 1-0)
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 |
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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. |