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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain pecan buyers in certain |
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counties; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 5, Agriculture Code, is |
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amended by adding Chapter 105 to read as follows: |
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CHAPTER 105. PECAN BUYERS IN CERTAIN COUNTIES |
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Sec. 105.001. DEFINITIONS. In this chapter: |
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(1) "Buyer" means a person engaged in the business of |
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purchasing in-shell pecans from a pecan producer. The term |
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includes an accumulator, buying location, cleaning plant, sheller, |
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dealer, or broker. |
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(2) "Buying location" means a physical location where |
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a buyer accepts in-shell pecans or, if the purchase of in-shell |
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pecans is brokered, a physical location where records relating to |
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the purchase of in-shell pecans are maintained. |
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(3) "In-shell pecan" means a pecan nut with its shell |
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attached. |
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(4) "Peace officer" means a person described by |
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Article 2.12, Code of Criminal Procedure. |
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(5) "Pecan producer" means a person who grows pecans. |
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(6) "Western county" means one of the five westernmost |
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counties in this state in which pecans are produced, measured at the |
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westernmost part of each county. |
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Sec. 105.002. PROOF OF PURCHASE FORM. (a) This section |
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applies only to a buyer who purchased more than 1,000 pounds of |
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in-shell pecans in the 12 months preceding the date of a |
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transaction. |
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(b) A buyer who purchases more than 50 pounds of in-shell |
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pecans in a western county in a single transaction shall complete a |
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proof of purchase form promulgated by the department describing the |
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transaction. The buyer shall retain the form for at least 24 months |
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after the date of the transaction and shall provide the form to a |
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peace officer on request. |
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(c) The form under Subsection (b) must provide space for |
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recording the: |
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(1) date of sale; |
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(2) pecan variety; |
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(3) quantity of pecans, in pounds; |
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(4) orchard owner's name and telephone number; |
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(5) pecan producer's name and telephone number; |
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(6) exact location of harvested pecans; |
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(7) name, driver's license number or tax |
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identification number, and telephone number of the individual |
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authorizing harvest; |
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(8) seller's name, address, and telephone number; |
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(9) seller's agent's name, address, and telephone |
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number; |
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(10) seller's or seller's agent's signature; |
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(11) buyer's name, address, and driver's license |
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number or tax identification number; |
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(12) buyer's agent's name and address; |
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(13) buyer's or buyer's agent's signature; |
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(14) license plate number, make, type, and color of |
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the vehicle delivering the pecans; and |
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(15) name, driver's license number, and state of |
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driver's license issuance of the driver of the vehicle delivering |
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the pecans. |
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Sec. 105.003. CIVIL PENALTY. (a) A buyer who fails to |
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complete a proof of purchase form as required by Section 105.002(b) |
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is liable to the state for a civil penalty not to exceed $250 for |
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each violation. |
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(b) On request of the department, the attorney general or |
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the county attorney or district attorney of the county in which the |
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violation is alleged to have occurred shall file suit to collect the |
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penalty. |
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(c) A civil penalty collected under this section in a suit |
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filed by the attorney general shall be deposited in the general |
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revenue fund. A civil penalty collected under this section in a suit |
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filed by a county or district attorney shall be divided between the |
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state and the county in which the county or district attorney |
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brought suit, with 50 percent of the amount collected paid to the |
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state for deposit in the general revenue fund and 50 percent of the |
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amount collected paid to the county. |
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SECTION 2. This Act takes effect September 1, 2019. |