OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSYIN 

Eon. WI K. YraQlaln 

CriminaL Dlsbriat Attorney 

Nllliamaon county 

Gaorgetown, Texas 

Dear Sir: 

Oglnion No. O-2022 n 

aessaty ror a person 

ed Federal liaanea'to 

th the Ccuumlssloner of 

ba approved by him 

or $lOOOg and in this 

is 5.t naaaesary for him 

e Gommlssioner the $5.00 

giatered as a PubI. Dotreceipt of your Letter of 

opinion of this department 

alPan's Civil Annotated Statutea, 

efining aOttOd elassera, All 

6 State, who #hall hareaf'ter 

T the publla, or who shall 

or aause to be issued, a reoeipt ar tiaket for Q&ton, and plaaa on said 

tialrrat ,ha grade of said aotton, whl&h said 

tiokat la intendad Sor tha usa of the publfa 

In being and selling said aotton, shall be 

known as Publio Ootton Olassera and bafora 
Aon, W. I(. MoClain, Page 2 

entering upon suah duties, shall ocmply with 

the provision 8 of this Aot. 

with said provisions, 

After oomplying 

such Claasers ahall be 

known aa Regiatered Public Cotton Glasaera. 

Claaaers as herein referred to shall inolude 

every peraon, or persons vrhc shall grade or 

staple ootton. 

"Sea. 2. Qualifioations, All Fublio Cotton Olaaaera shall ~Surtiish evidence OS their 

good moral oharaoter, and, aa evidanoe of 

their qualifioations as Cotton Olasaera, they 

shall be required to obtain from tne Secretary 

of Agriodtur8 of the United States, a lioense 

to grade or staple aotton and to oertify the 

grade and staple thereof in aooordanoe with 

the orfioial Gotton standards of the United 

States Cotton Standards Aot, and Pile with the 

Commissioner of Agrioulture of this State, hareafter oalled the *Commissioner* a duplioato 

thereof. 

wSea, 3. Bond. Before any auoh licensee 

shall issue a certifloats of olasSiSioation in 

this State, except as provided in United States 

Cotton Standards Aot, he shall tile a bond with 

the Commissioner to be approved by him, in the 

sum of One Thousand ($l,OOO.OO) Dollars, whioh 

bond shall be ao oonditioned as to bind its nmker and his sureties to guarantee as approximately 

oorreot, hia work in olasaing and stapling ootton. 

It shall alao bind the maker and hia sureties to 

promptly indemnify any person who may sustajn 

Sinanoialloaa by reason OS any false olass or 

staple he may make or by reason OS any untrue or 

mialaading oertifloate issued by him or under 

his authority, with intent to defraud. Suoh 

bonds shall be payable to the state of Texas Sor 

the use and benefit OS any person or persons who 

may be dainanged by the breaoh of its oonditions, 

but it shall not be neoessary to join the State 

in any suit on any suoh bond, the venue OS auoh 

ault on any suoh bond shall be that of the general 

venue by suit or otherwise, the Commissioner nmy, by 
Hon. W, K. IhoClaln, Page 3 

written notioe to the maker, require suoh impairments to be made good. IS any suoh impairment is not made good, to the satisfactionof 

the Commissioner, within a reasonable time 

after notioe,whiohtilte shall in no event, 

exceed thirty (30) days, auoh bond shall beoome null and void. 

wSeoI 4. Raoh Public Cotton Classer in 

this State shall keep a oomplete rsoord of ootton classed and for whom olaaaed, in a ,i:ell 

bound book, and shall issue a oertifioate to 

each person showing the olasa and other grade 

of the ootton classed by him. He shall also 

keep on hand, a set of the Unised States Standards or grades and staples and his books, 

reoords and standards shall be open to inspeotion of the public at all reasonable hours. 

T3eo. 5. Berm 0s reoelpts ana reooras. 

It shall be the duty of the Commissioner to 

presorlbe all forms of reoeipts, oertifioates 

and reoords of vihatever desoription neoessary, 

but all suoh reoeipts, oertiiioates and forms 

shall be drawn in oomplainoe with t&is Aot. 

He shall presoribe suoh rules and regulations 

as he shall deem proper, not in oonfliot with 

any provisions hereof. The Oommiaaioner shall 

have power and authorlty and it shall be his 

duty to enforce the provisions of this Aot, 

"sea, 6. Feea. Before any Pub110 Cotton 

Classer is registered under this law, he shall 

gilg;r to the Commissioner a-fee of Five ($5.00) 

said See shall be paia annually elong 

with td renewal of his said bond,. suoh See to 

be deposited in the State Treasury to the credit 

of the general revenue. 

"S80. 7. Risht. All Registered Public 

Cotton Olassers shall have the right, at any . 

time within this State, to engsge in the business of Publio Cotton Classers and ehall be authorized to olass and staple ootton generally, 

and to oharge for their aervioesI A oertiSioate 
Hon. W. K. MaDlain, Page 4 

of alaeaifiaation of aotton issued by any person or persons under authority of this Act, 

shall be aaaepted in all the aourts of this 

State, as prinm faoie evldenae of the facts 

stated therein. 

"Sec. 8, Rights to olass own cotton. 

This Aot shall not affect the right of anyone 

to olass his own aotton or of any ootton buyer 

or other person to class cotton purchased by 

him for himself, or purchased for another, 

but applies to all other persons who engage 

in the business of olaesing cotton for the 

public or of Issuing reoeipts and tickets 

therefor with the grade thereon, for the use 

of the public, a3 herein above provided, 

Y5eo. 11. Collections and appropriat5ons. 

All moneys so collected shall be paid over by 

the Commissioner 60 the State Troasurer and 

shall be placed in the General Fun6 of the 

' State aw 

The penalty provided for the faibure to oomply 

with Article 5679a, supra, is found lnthe Penal Code 

as Artiale 1027a whiah reabs, in part, as fo&lows: 

Wereaftei? no person shall be permitted 

to engage in the business a8 Publio Catton 

Classer, classing and stapling ootton for the 

publio or issuing reoeipts and tiokets therefor, wjth.the grade thereon, for the use of the 

publio, a8 herein above provided, without oomplying with the provisions of this Aot. Any 

one violating any of the provisions of. this Act, 

shall be deemed guilty of a mledemaanor and 

upon oonviation, shall be punished'by a fine 

in any sum not less than Twenty-Five ($25.00) 

Do;p;;, and not more than Two Hundred ($200.00) 

. 

" I, . . . 

Sections 51a, 5ib, 53 and 60 of the Cotton 

Standard Aot, oh. 2, title 7, U.S.C.A., read a8 follows: 
Hon. ‘iJ. K. Raglain, Page 5 

"8, 51a. KX?E:X!jION OF CLMSPIC~~TIiN FACILITIES 

TO COTTON GROKERS 

The Secretary of Agrioulture 18 requested 

to extend to cotton growero fooilities for the 

classification of ootton authorized in this 

ohapter, with such supervision of lioensed 

alansifiers as ho shall deem neaesaary under 

authority of chapter 14 of Title 2.0," 

Further to carry out the purposes of this 

ohapter the Secretary of Agriculture is authorized to issue to any qualified pere!on, upon presentation 0r satisfactory evidence of oompetency, a 

license to sample cotton. Any suoh license may 

be suspended or revoked by the Seoretary of Agriculture v?henever he is satisfied that such lioensee 

is inoompetent or hae knowingly or carelessly 

sampled cotton iproperly, or has violated any provision of said ohapter or the regulations thereunder 

so far as the same may relate to him, or has used his 

license, or allowed it to be used, for any improper 

purpo 90, The Searetary of Agrioulture may prescribe 

by regulation the oonditions under whioh licenses 

majr be issued hereunder, and may require any licennod 

sampler to give ‘bond for the faithful performenoe 

of his dukies akld for the protection of p,ersons affected thereby and i::.y presaribe the oonditions under 

which ootton shall be sampled by licensed samplers 

for the purpose of olasslfic~iticn by offioers of the 

Department of Agrioultufe, or by liaensed aotton alassifiers.n 

n8 53. LICENSING CLASSIFIXR~; REVOCATICJN ARD SWPKK319N OF, LZXRSE 

The Searetary of Agriculture may, upon presentation of satisfaotory evidence of competency, issue 

to any person a lioenee to grade or otherwise claasify cotton and to oertifioate the grade or other olass 

thereof in aocordamoe with the offioial ootton standards 

of the United States. any such lioense may be sus,pended 

or revoked by the Setiretary of Agrioulture whenever he 

is satisfied, after reasonable opportunity afforded to 

the licensee for a hearing, that suah liC0nS6e is incompetent orhas knowingly or oareleesly olae8ified 

ootton improperly, or has violated any provision of 

this ohapter or the regulations thereunder 30%~ as the 

same may relate to him, or has used his liaense or allowed it to be used for any improper purpose. Pending 
Hon. Vi. II. McClati, Page 6 

investigation the Secretary of Agriaulture, whenever 

he deems neaessary, may suspend a lioense tompornrily 

wlthcut a hearinS." 

*,8 60. PENALTILS FOR VIOLATICiN 

(a) Any person who shall knowingly violate any 

rovisix of seotionn 52 or 59 of this ehapts;, or 

P b) any person licensed uner this ahapter who, for 

the purposes of or in acnneation with any transaation 

or shipment in aommeroe, shall knovringly olassify cotion 

improperly, or shall knowingly falsify or force any 

oertifioate of classifioztion, or shall aooept money 

or other consideration, either directly OS Indireo~Lly, 

for any neglect or improper performanac of duty as such 

licensee, or (c) any person who shall k~owi:zSly influence 

improperly or attempt to influence improperly any person 

licensed under this chapter inths performx~oe of his 

dutlea as suoh liosnseo relating to any transaatlon 

or shipment in commeraa, or ((I) :Iny person who shall 

foroibly assault, resiSt, iP?pQ,de, or interfere with or 

influence improperly or attempt to influsnoe improperly 

any person employed under this chapter inthe performanus of 

his duties, shall, upon conviotion thereof, be deemed 

guilty o? a misdemeanor and shall be fined not exoeeding $1 000, or imprisoned not exceeding six months, or 

both, in the disaretiQn of the oourt." 

The penalty set out in 8 60, supra, applies to violation under the Federal Cotton Standard Aot and has no appliaation to offenses o'ommitted under the State Aat regulating 

publio ootton classers. Likewise, the penalty provided for 

the failure to o.mply with Artiole 5679a, supra, does not apply to offenses aommitted under the Federal CoLton Standards 

Aot, but applies only to offenses oommittad under the State Act. 

Section 2 of Article 5679a, supra, speoifioally 

provides: 

*All Public Cotton Classers shall furnish 

evidenoe of their good moral character, and, as 

evidenae of their qualific;ltiuna as Cotton Classors, 

thoy shall be required to obtain from the Secretsry 

of Agriaulture of the United StatQs, a liosnse to 

grade or staple ootton and to oertify the grade and 

staple thereof in aooordanoe with the official cotton standards of the United~States Cotton Standards 

Act, . . .," 
Hon. W. K. MoClain, Page 7 

therefore, your first questivn is respectfully answered in 

the affirmative. 

aeotion 3 of ArLPIUfCle 5G79a, supra, SpeCifiOSlly 

providesa 

"Before any suoh lioensee shall issue a certificate of claaoifia~tion in this State, except as 

provided in United States Cotton Standards Act, he 

shall fils a bond xiih the Commissioner to be approv;:d 8y him, inthe sum of One Thousand ($l,OOO.OO) 

Dollars, . . . n 

Seotisn G of the above mentioned Aat specifiaally 

provides, that: 

"Defore any Publio Cotton Claa33r is ro@stored under this Law, he nhail pay over to the 

Commissizner a fee of Five (@.OC) Dollars, said 

fee shall be paid annually alone with the renewal 

of his said bend, suoh fee to be deposited in the 

State Treasury to the credit of the general revenue." 

In view of the foregoing statutes you are respeatfully advised that it is the opinion of thls department that 

your seoond question should be answered in the affirmative 

and is so answered, 

Trusting that we have adequately answered your inquiries, we remain 

Youra very truly 

ATTORhTEY GENERAL OF TEXAS 

APPROVED MAR 9, 1940 

(S) Gerald C. Mann 

ATTORXEY G&NMAL OF Ti!XAS 

By (S) Ardell Williams 

Ardell Williams 

Assistant 

APEROVED 

Opinion Committee 

By BiiIB 

Chairman