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Relating to the penalties for a violation of a quarantine or rule to protect pecans or pecan trees from diseases or pests; increasing civil and criminal penalties.
The fiscal implications to the State cannot be determined because the number of penalties and the amount that would be assessed by the Texas Department of Agriculture is unknown..
HB 3289 would establish that a person who violates a quarantine against a pest or disease affecting pecans or pecan
trees or violates a rule adopted under this bill for the
protection of pecans or pecan trees is liable to the state for a
civil penalty of not less than $500 nor more than $20,000 for each
violation. Each day a violation continues may be considered a
separate violation for purposes of a civil penalty assessment. A person would be allowed to remedy a first time violation by entering into a compliance agreement with the Department of Agriculture and returning, treating,
or destroying the article subject to the quarantine.
Texas Action opposes HB 3289 which is inconsistent with limited government. There is almost no circumstance under which a civil penalty up to $20,000 should be assessed by the government, much less one that can accrue on a daily basis.
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