reglab/housing_qa huggingface dataset:
TX Agric Code § 101.005 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.005. Application for License

Sec. 101.005.  APPLICATION FOR LICENSE.  (a)  A person required under Section 101.003 of this code to be licensed or registered shall apply to the department on a form furnished by the department.  The applicant shall provide the following information and certify that the information provided is true and correct:(1)  the full name of the applicant and whether the applicant is an individual, partnership, corporation, exchange, or association;(2)  the full name and address of the principal business office of the applicant;(3)  the address of the applicant's principal business office in this state;(4)  if the applicant is a foreign corporation, the state in which the corporation is chartered and the name and address of a registered agent in this state for service of legal process;  and(5)  the length of time that the applicant has been engaged in business in this state.(b)  In addition to providing the information under Subsection (a) of this section, each applicant shall answer the following questions on the application:(1)  "Have you previously been licensed by this state or the United States Department of Agriculture (USDA) to handle perishable commodities?"(2)  "If you answered that you have been previously licensed, has any license issued to you by this state or the USDA ever been suspended or revoked?"(3)  "If you have answered that a license issued to you by this state or by the USDA has been suspended or revoked, when, where, and for what reason was the license suspended or revoked?"(c)  An applicant's failure to truthfully and accurately provide the information required by Subsections (a) and (b) is a violation for purposes of administrative penalty action and may result in denial of an application.|Acts 1981, 67th Leg., p. 1253, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 917, Sec. 2, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 269, Sec. 4, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 358, Sec. 6, eff. Sept. 1, 1999.|
TX Agric Code § 101.006 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.006. License Fee

Sec. 101.006.  LICENSE FEE.  (a)  Except as otherwise provided by this section, a person applying for a license shall include with the license application a refundable license fee, as provided by department rule.(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 5.35(7), eff. September 1, 2009.|Acts 1981, 67th Leg., p. 1253, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 995, ch. 235, art. 1, Sec. 8, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 4284, ch. 682, Sec. 6, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 917, Sec. 2, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 269, Sec. 5, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 2.43, eff. Sept. 1, 1995;  Acts 1999, ch. 358, Sec. 7, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.35(7), eff. September 1, 2009.|
TX Agric Code § 101.007 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.007. Issuance or Refusal of License

Sec. 101.007.  ISSUANCE OR REFUSAL OF LICENSE.  (a)  Except as otherwise provided by this section, the department shall issue a license to an applicant who:(1)  tenders an application;(2)  pays the license fee, if required;  and(3)  pays the appropriate fee to the produce recovery fund under Chapter 103 of this code, if required.(b)  If a previous license of the applicant has been or is suspended or has been revoked, the department may not issue or renew a license to the applicant until the department is furnished with satisfactory proof that the applicant is, on the date of application, qualified to receive the license for which the applicant applied as provided by department rule.(c)  The department may refuse to issue or renew a license under this section if the department determines that a license previously issued to the applicant was revoked or suspended or that the applicant has engaged in conduct for which a license could have been revoked or suspended.  In determining whether to refuse to issue or renew a license under this section, the department may consider:(1)  the facts and circumstances pertaining to a prior suspension or revocation;(2)  the financial condition of the applicant as of the date of the application;(3)  any judgment by a court of this state that is outstanding against the applicant and is due and owing to a licensee, grower, or producer of perishable commodities; and(4)  any certified claim against the applicant by a licensee, grower, or producer of perishable commodities that is under consideration by the department.(d)  Before refusing an application for a license under this section, a hearing shall be conducted under Section 12.032 on the license application, and the applicant may appeal the decision in the manner provided for contested cases under Chapter 2001, Government Code.(e)  Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(13), eff. Sept. 1, 1995.|Acts 1981, 67th Leg., p. 1253, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 739, Sec. 1, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 3.20, 10.09(13), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 358, Sec. 8, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.12, eff. September 1, 2009.|
TX Agric Code § 101.008 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.008. Term and Renewal of License

Sec. 101.008.  TERM AND RENEWAL OF LICENSE.  (a)  A license expires one year from the date of issuance.(b)  A license may be renewed by completion of a renewal application form and the payment of the license fee provided for issuance of the original license.(c)  To renew a license after the license has expired, the applicant must pay a late fee, as provided by Section 12.024 of this code.|Acts 1981, 67th Leg., p. 1254, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 917, Sec. 3, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 419, Sec. 2.44, eff. Sept. 1, 1995.|
TX Agric Code § 101.009 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.009. Licensee List

Sec. 101.009.  LICENSEE LIST.  The department may publish as often as it considers necessary a list in pamphlet form or on the department's Internet website of all persons licensed under this chapter.|Acts 1981, 67th Leg., p. 1254, ch. 388, Sec. 1, eff. Sept. 1, 1981.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.13, eff. September 1, 2009.|
TX Agric Code § 101.010 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.010. Transporting Agent or Buying Agent Identification Card

Sec. 101.010.  TRANSPORTING AGENT OR BUYING AGENT IDENTIFICATION CARD.  (a)  In accordance with the rules of the department, a license holder may apply to the department for a reasonable number of identification cards for:(1)  transporting agents to act for the license holder in the transporting of perishable commodities;  and(2)  buying agents to act for the license holder in any act requiring licensing under Section 101.003 of this code.(b)  The department shall collect a fee, as provided by department rule, for each card and shall issue transporting agent cards in a color different from buying agent cards.(c)  An identification card must bear:(1)  the name of the licensee;(2)  the number of the licensee's license;(3)  the name of the agent;  and(4)  a statement that the licensee, as principal, has authorized the agent named on the card to act for and on behalf of the licensee, either as buying agent or transporting agent, as applicable.(d)  A buying agent or transporting agent shall carry the identification card on the agent's person at all times.  On demand of the department or any person with whom the agent is transacting business, the agent shall display the identification card.(e)  If the holder of an identification card ceases to be the agent of the licensee, the agent shall immediately return the card to the department for cancellation.|Acts 1981, 67th Leg., p. 1254, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 239, Sec. 67, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 917, Sec. 4, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 269, Sec. 6, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 2.45, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 358, Sec. 9, eff. Sept. 1, 1999.|
TX Agric Code § 101.011 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.011. License or Identification Card Not Assignable

Sec. 101.011.  LICENSE OR IDENTIFICATION CARD NOT ASSIGNABLE.  A license or identification card is not assignable.|Acts 1981, 67th Leg., p. 1255, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1999, 76th Leg., ch. 358, Sec. 10, eff. Sept. 1, 1999.|
TX Agric Code § 101.012 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.012. Revocation, Modification, or Suspension of License or Identification Card

Sec. 101.012.  REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE OR IDENTIFICATION CARD.  (a)  The department shall revoke, modify, or suspend a license or identification card, assess an administrative penalty, place on probation a person whose license or identification card has been suspended, or reprimand a licensee or the transporting or buying agent of a licensee for a violation of this chapter or a rule adopted by the department under this chapter.(b)  If a suspension of a license or identification card is probated, the department may require the person to:(1)  report regularly to the department on matters that are the basis of the probation;(2)  limit practice to the areas prescribed by the department;  or(3)  continue or renew professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.(c)  If the department proposes to revoke, modify, or suspend a person's license or identification card, the person is entitled to a hearing conducted under Section 12.032.  The decision is appealable in the same manner as provided for contested cases under Chapter 2001, Government Code.|Acts 1981, 67th Leg., p. 1255, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 112, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 3.21, eff. Sept. 1, 1995.|
TX Agric Code § 101.013 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.013. Payment of Purchase Price on Demand

Sec. 101.013.  PAYMENT OF PURCHASE PRICE ON DEMAND.  (a)  If a licensee or a person required to be licensed causes a producer, seller, or owner, or an agent of a producer, seller, or owner, to part with control or possession of all or any part of the person's perishable commodities and agrees by contract of purchase to pay the purchase price on demand following delivery, the licensee or person required to be licensed shall make payment immediately on demand.(b)  If a person makes demand for the purchase price in writing, the mailing of a registered letter that makes the demand and is addressed to the licensee or person required to be licensed at their business address is prima facie evidence that demand was made at the time the letter was mailed.(c)  If the producer, seller, owner, or agent waives the right to payment of purchase price on demand, the contract for the handling, purchase, or sale of the perishable commodities must be in writing.  The parties shall prepare the contract in duplicate and set out in the contract the full details of the transaction.  If the contract does not specify the time and manner of settlement, the licensee shall pay the full amount called for by the contract directly to the producer, seller, owner, or agent before the 31st day following the day of delivery of the perishable commodities into the licensee's control.|Acts 1981, 67th Leg., p. 1255, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1999, 76th Leg., ch. 358, Sec. 11, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.14, eff. September 1, 2009.|
TX Agric Code § 101.014 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.014. Commission or Service Charge in Contract

Sec. 101.014.  COMMISSION OR SERVICE CHARGE IN CONTRACT.  If a licensee or a person required to be licensed handles perishable commodities by guaranteeing a producer or owner a minimum price and handles the perishable commodities on the account of the producer or owner, the licensee or person required to be licensed shall include in the contract with the producer or owner the maximum amount that the licensee or person required to be licensed will charge for commission, service, or both, in connection with the perishable commodities handled.|Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1999, 76th Leg., ch. 358, Sec. 12, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.15, eff. September 1, 2009.|
TX Agric Code § 101.015 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.015. Settlement on Grade and Quality

Sec. 101.015.  SETTLEMENT ON GRADE AND QUALITY.  (a)  Except as otherwise provided by this section, a licensee or a person required to be licensed shall settle with the producer or seller of perishable commodities on the basis of the grade and quality that is referred to in the contract under which the licensee or person required to be licensed obtained possession or control of the perishable commodities.(b)  If the perishable commodities have been inspected by a state or federal inspector in this state and found to be of a different grade or quality than that referred to in the contract, the licensee or person required to be licensed shall settle with the producer or seller of the perishable commodities on the basis of the grade and quality determined by the inspector.(c)  This section does not prevent parties, instead of an inspection, from agreeing in writing that the grade or quality of the perishable commodities were different from that referred to in the contract.(d)  Failure of a licensee to settle with a producer or seller on grade and quality in the manner provided by this section is a ground for revocation of the licensee's license.|Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1999, 76th Leg., ch. 358, Sec. 13, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.16, eff. September 1, 2009.|
TX Agric Code § 101.0151 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.0151. Buying or Selling by Weight

Sec. 101.0151.  BUYING OR SELLING BY WEIGHT.  A licensee or a person required to be licensed who buys or sells perishable commodities by weight shall weigh or have the perishable commodities weighed on scales that meet state requirements.|Added by Acts 1999, 76th Leg., ch. 358, Sec. 14, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.17, eff. September 1, 2009.|
TX Agric Code § 101.016 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.016. Records of Purchase

Sec. 101.016.  RECORDS OF PURCHASE.  (a)  A licensee or a person required to be licensed or a packer, processor, or warehouseman may not receive or handle perishable commodities without requiring the person from whom the perishable commodities are purchased or received to furnish a statement in writing showing:(1)  the owner of the perishable commodities;(2)  the grower of the perishable commodities;(3)  the approximate location of the land on which the perishable commodities were grown;(4)  the date the perishable commodities were gathered; and(5)  by whose authority the perishable commodities were gathered.(b)  The licensee or person required to be licensed, packer, processor, or warehouseman shall keep records of statements furnished under Subsection (a) in a permanent book or folder for a minimum of three years from the date of the transaction and shall make the records available for inspection by any interested party.(c)  The licensee or person required to be licensed, packer, handler, or warehouseman shall:(1)  prepare a receipt detailing the quantity of perishable commodities received from the producer or owner at the time of receipt of the commodities; and(2)  on request, provide the receipt to the producer or owner.(d)  The department periodically may investigate licensees, persons required to be licensed, or persons alleged to be selling or purchasing perishable commodities in violation of this chapter and, without notice, may require evidence of purchase of any perishable commodities in a person's possession or past possession.|Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1999, 76th Leg., ch. 358, Sec. 15, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.18, eff. September 1, 2009.|
TX Agric Code § 101.017 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.017. Record of Sale

Sec. 101.017.  RECORD OF SALE.  (a)  Except for a retailer, a licensee or a person required to be licensed shall maintain for each sale a complete and accurate record showing:(1)  the date of sale of the perishable commodities;(2)  the person to whom the perishable commodities were sold;(3)  the grade and selling price of the perishable commodities; and(4)  an itemized statement of expenses of any kind or character incurred in the sale or handling of the perishable commodities, including the amount of the commission to the licensee or person required to be licensed.(b)  On demand of the department or of an owner, seller, or agent of the owner or seller, the licensee or person required to be licensed shall furnish the information demanded before the 11th day following the date of demand.(c)  A licensee or a person required to be licensed shall maintain the information required to be kept by this section for at least three years after the date of sale.|Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1999, 76th Leg., ch. 358, Sec. 16, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.19, eff. September 1, 2009.|
TX Agric Code § 101.018 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle D - Handling and Marketing of Horticultural Products|Chapter 101 - Handling and Marketing of Perishable Commodities|Section 101.018. Department Enforcement

Sec. 101.018.  DEPARTMENT ENFORCEMENT.  (a)  For the purpose of enforcing this chapter, the department shall, on its own initiative or on receipt of a verified complaint, investigate all alleged violations of this chapter.(b)  For the purpose of conducting an investigation under this section, the department is entitled to free and unimpeded access at all times to all books, records, buildings, yards, warehouses, storage facilities, transportation facilities, and other facilities or places in which perishable commodities are kept, stored, handled, processed, or transported.(c)  The department is entitled to examine any portion of the ledger, books, accounts, memoranda, documents, scales, measures, or other matters, objects, or persons relating to a violation under investigation.(d)  Failure to provide access to records for purposes of examination, as required by Subsections (b) and (c), is a violation for purposes of assessment of administrative penalties.(e)  Repealed by Acts 1989, 71st Leg., ch. 230, Sec. 131(4), eff. Sept. 1, 1989.|Acts 1981, 67th Leg., p. 1257, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 131(3), (4), eff. Sept. 1, 1989;  Acts 1999, 76th Leg., ch. 358, Sec. 17, eff. Sept. 1, 1999.|