OFFICE OF THE ATTORNEY GENERAL OF TEXAS
**AUSYIN**

Eon. WI K. YraQlaln CriminaLDlsbriatAttorney Nllliamaon county Gaorgetown,

Texas

Dear Sir:
Oglnion No. O-2022 n

aessaty ror a person ed Federal liaanea'to th the Ccuumlssloner of ba approvedby him or $lOOOg and in this is 5.t naaaesary for him e Gommlssionerthe $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 ,hagrade 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 baforaAon, W. I(. MoClain, Page 2

enteringupon suah duties, shall ocmply with the provision

8 of this Aot. with said provisions, After oomplying such Claasers ahall be known aa RegiateredPublic Cotton Glasaera. Claaaersas herein referredto shall inolude every peraon, or persons **vrhc** shall grade or staple ootton.

"Sea. 2. Qualifioations, All Fublio Cotton Olaaaera shall ~Surtiish evidenceOS 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 orfioialGotton standardsof the United States Cotton StandardsAot, and Pile with the Commissioner

of Agrioultureof this State, hareafter oalled the *Commissioner* a duplioato thereof.
wSea, 3. Bond. Before any auoh licensee shall issue a certifloatsof olasSiSioation in this State, exceptas provided in United States Cotton StandardsAot, he shall tile a bond with the Commissionerto be approved by him, in the sum of One Thousand ($l,OOO.OO) Dollars,whioh bond shall be ao oonditionedas to bind its nmker and his suretiesto guarantee as approximately oorreot,hia work in olasaingand staplingootton. It shall alao bind the maker and hia suretiesto promptly indemnifyany person who may sustajn Sinanoialloaa by reason OS any false olass or staple he may make or by reason OS any untrue or mialaadingoertifloateissued 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 personswho 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, byHon. 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 reasonabletime 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 oompletersoord of ootton classed and for whom olaaaed, in a ,i:ell bound book, and shall issue a oertifioateto 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 reasonablehours.

T3eo. 5. Berm **0s** reoelptsana reooras. It shall be the duty of the Commissioner to presorlbeall 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 provisionshereof. The Oommiaaionershall have power and authorltyand it shall be his duty to enforce the provisionsof 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 depositedin the State Treasury to the credit of the general revenue.
"S80. 7. Risht. All RegisteredPublic Cotton Olassersshall have the right, at any
. time within this State, to engsge in the business of Publio Cotton Classersand ehall be authorized to olass and staple ootton generally, and to oharge for their aervioesI A oertiSioateHon. 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 evldenaeof the facts stated therein.

"Sec. 8, Rights to olass own cotton. This Aot shallnot affect the right of anyone to olass his own aottonor of any ootton buyer or other person to class cotton purchasedby him for himself,or purchasedfor another, but applies to all other personswho engage in the businessof olaesing cotton for the public or of Issuingreoeiptsand tickets therefor

with the grade thereon, for the use of the public,a3 herein above provided,

Y5eo. 11. Collectionsand appropriat5ons. All moneys so collected shall be paid over by the Commissioner60 the State Troasurerand 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 businessa8 Publio Catton Classer, classingand staplingootton for the publio or issuing reoeipts and tiokets therefor, wjth.the grade thereon, for the use of the publio, a8 herein above provided,without oomplyingwith the provisionsof this Aot. Any one violating any of the provisionsof. this Act, shall be deemed guilty of a mledemaanorand upon oonviation,shall be punished'bya 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 StandardAot, 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 fooilitiesfor the classification

of ootton authorized in this ohapter,with such supervisionof lioensed alansifiers

as ho shall deem neaesaaryunder authorityof chapter 14 of Title 2.0,"

Further to carry out the purposesof this ohapter the Secretary of Agriculture is authorized to issue to any qualifiedpere!on, upon presentation **0r** satisfactory evidenceof oompetency, a license to sample cotton. Any suoh licensemay be suspendedor revoked by the Seoretary of Agriculturev?henever

he is satisfiedthat such lioensee is inoompetent

or hae knowinglyor carelessly sampled cotton iproperly, or has violated any provision of said ohapter or the regulationsthereunder 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 Searetaryof Agrioulturemay prescribe by regulationthe oonditionsunder whioh licenses majr be issuedhereunder,and may require any licennod sampler to give ‘bond for the faithfulperformenoe of his dukies akld

for the protectionof p,ersonsaffected therebyand i::.y presaribe the oonditions under which ootton shall be sampled by licensed samplers for the purpose of olasslfic~iticn by offioersof the Departmentof Agrioultufe,or by liaensedaotton alassifiers.n
n8 53. LICENSINGCLASSIFIXR~; **REVOCATICJN** ARD SWPKK319N OF,

LZXRSE
The Searetary of Agriculturemay, upon presentation of satisfaotoryevidence of competency,issue to any person a lioenee to grade or otherwiseclaasify cotton and to oertifioatethe grade or other olass thereof in aocordamoewith the offioialootton standards of the United States. any such lioensemay be sus,pended
or revoked by the Setiretary of Agrioulture

whenever he is satisfied,

after reasonable opportunity afforded to the licenseefor a hearing, that suah **liC0nS6e is**  **in** competentorhas knowinglyor oareleeslyolae8ified ootton improperly,or has violated any provisionof this ohapter or the regulationsthereunder30%~ as the same may relate to him, or has used his liaense or allowed it to be used for any improperpurpose. PendingHon. Vi.II. McClati, Page 6

investigation

the Secretary of Agriaulture, whenever he deems neaessary,may suspend a lioensetompornrily wlthcut a hearinS."
*,8 60. PENALTILSFOR VIOLATICiN
(a) Any person who shall knowingly violate any rovisix of seotionn 52 or 59 of this ehapts;,or Pb) any person licensed uner this ahapterwho, for the purposes of or in acnneation with any transaation or shipment in aommeroe, shall knovringly olassify cotion improperly,or shall knowingly falsifyor force any oertifioateof classifioztion, or shall aooept money or other consideration, either directly OS Indireo~Lly, for any neglect or improperperformanacof duty as such licensee,or (c) any person who shall k~owi:zSly influence improperlyor attempt to influence improperly any person licensedunder this chapter inths performx~oeof his dutlea as suoh liosnseorelating to any transaatlon or shipment in commeraa, or ((I) :Iny person who shall foroiblyassault, resiSt, iP?pQ,de, or interfere with or influenceimproperlyor attempt to influsnoe improperly any person employedunder this chapter inthe performanusof his duties, shall, upon conviotionthereof, be deemed guilty o? a misdemeanorand shall be fined not exoeeding $1 000, or imprisoned not exceeding six months, or both, in the disaretiQnof the oourt."
The penalty set out in 8 60, supra, applies to violation under the Federal Cotton StandardAot and has no appliaation to offenseso'ommitted under the State Aat regulating publio ootton classers. Likewise, the penaltyprovided for the failure to o.mplywith Artiole 5679a, supra, does not apply to offenses aommittedunder 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 evidenaeof their qualific;ltiuna as Cotton Classors, thoy shall be required to obtain from the Secretsry of Agriaultureof the United StatQs, a liosnse to grade or staple ootton and to oertify the grade and staple thereof in aooordanoewith the official cotton standardsof the United~StatesCotton Standards Act,

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

therefore,your first questivnis respectfully answered in the affirmative.

aeotion 3 of ArLPIUfCle 5G79a, supra, SpeCifiOSlly providesa
"Beforeany suoh lioensee shall issue a certificate of claaoifia~tion in this State, exceptas provided in United States Cotton StandardsAct, he shall fils a bond xiih the Commissionerto be approv;:d 8y him, inthe sum of One Thousand ($l,OOO.OO) Dollars,

. . . n Seotisn G of the above mentionedAat 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 alonewith the renewal of his said bend, suoh fee to be depositedin the State Treasury to the credit of the general revenue."

In view of the foregoing statutesyou are respeatfully advised that it is the opinion of thls department that your seoond questionshould be answered in the affirmative and is so answered,

Trusting that we have adequatelyansweredyour 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