Texas § AG.80.0175 - SUIT TO COLLECT DELINQUENT ASSESSMENT

§ AG.80.0175. SUIT TO COLLECT DELINQUENT ASSESSMENT

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. Added by Acts 2021, 87th Leg., R.S., Ch. 350 (H.B. 2841 ), Sec. 1, eff. June 7, 2021.