reglab/housing_qa huggingface dataset:
TX Agric Code § 41.021 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.021. Certified Organization to Conduct Referendum and Election

Sec. 41.021.  CERTIFIED ORGANIZATION TO CONDUCT REFERENDUM AND ELECTION.  In accordance with this subchapter and the rules of the commissioner, a certified organization may conduct a referendum of the producers of an agricultural commodity on the proposition of whether or not the producers shall levy an assessment on themselves to finance programs of research, disease and insect control, predator control, education, and promotion designed to encourage the production, marketing, and use of the commodity.  At the same time, the certified organization may conduct an election of members to a commodity producers board for the commodity.|Acts 1981, 67th Leg., p. 1083, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.022 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.022. Rules of Commissioner

Sec. 41.022.  RULES OF COMMISSIONER.  In order to ensure efficient and honest elections and efficient canvassing and reporting of returns, the commissioner shall adopt rules regulating the form of the ballot, the conduct of the election, and the canvass and reporting of returns.|Acts 1981, 67th Leg., p. 1083, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.023 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.023. Notice of Referendum and Election

Sec. 41.023.  NOTICE OF REFERENDUM AND ELECTION.  (a)  The certified organization shall give public notice of:(1)  the date, hours, and polling places for voting in the referendum and election;(2)  the estimated amount and basis of the assessment proposed to be collected;(3)  whether a producer exemption is to be allowed in accordance with Section 41.082;  and(4)  a description of the manner in which the assessment is to be collected and the proceeds administered and used.(b)  The commissioner by rule shall prescribe the manner for providing public notice under Subsection (a).|Acts 1981, 67th Leg., p. 1083, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 3184, ch. 545, Sec. 2.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 4.01, eff. September 1, 2013.|
TX Agric Code § 41.024 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.024. Basis of Referendum and Election; Eligible Voters

Sec. 41.024.  BASIS OF REFERENDUM AND ELECTION;  ELIGIBLE VOTERS.  (a)  Subject to the approval of the commissioner, the certified organization may conduct the referendum and election under this chapter either on an area or statewide basis, as determined by the organization in its petition for certification.(b)  A producer of the agricultural commodity is eligible to vote in the referendum and election if:(1)  the producer's production occurs within the area described in the organization's petition;  and(2)  the producer would be required under the referendum to pay the assessment.|Acts 1981, 67th Leg., p. 1083, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.025 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.025. Candidates for Board; Write-in Votes

Sec. 41.025.  CANDIDATES FOR BOARD;  WRITE-IN VOTES.  (a)  Any producer who is eligible to vote at the referendum and election is eligible to be a member or a candidate for membership on the commodity producers board.(b)  A potential candidate must file with the certified organization an application to have his or her name printed on the ballot.  The application must be signed by the candidate and by at least 10 producers who are eligible to vote at the election.  The application must be filed at least 30 days before the date set for the election.(c)  A voter may vote for board members by writing in the name of any eligible person whose name is not printed on the ballot.|Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.026 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.026. Preparation and Distribution of Ballot

Sec. 41.026.  PREPARATION AND DISTRIBUTION OF BALLOT.  (a)  The certified organization shall prepare and distribute all necessary ballots in advance of the referendum and election.(b)  The referendum provisions of the ballot shall specify a maximum rate for the authorized assessment.(c)  The election provisions of the ballot may be printed only with the names of candidates who have filed valid petitions under Section 41.025 of this code, but the ballot shall provide a space for write-in votes.(d)  The ballot shall provide a space for the voter to certify the volume of the voter's production of the commodity within the area described in the petition during the preceding year or other relevant production period, as designated on the ballot.|Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.027 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.027. Expenses of Election

Sec. 41.027.  EXPENSES OF ELECTION.  The certified organization is responsible for all expenses incurred in connection with the referendum and election, but it may be reimbursed for actual and necessary expenses out of funds deposited in the treasury of the board if the assessment is levied and collected.|Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.028 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.028. Exemptions for Producers

Sec. 41.028.  EXEMPTIONS FOR PRODUCERS.  The original referendum and subsequent biennial board elections may provide exemptions for producers within the boundaries described in the petition if the exemptions are included in full written form on the election ballot and are approved by two-thirds or more of those voting in the election.|Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.029 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.029. Void Ballots

Sec. 41.029.  VOID BALLOTS.  (a)  In any contest of an election, a ballot is void if the voter overstated his or her volume of production by more than 10 percent.  Any other error in stating volume of production is not grounds for invalidating the ballot.(b)  If a ballot is void or if any other error is made in stating production volume, the returns shall be corrected and the results adjusted accordingly.|Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.030 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.030. Findings of Commissioner

Sec. 41.030.  FINDINGS OF COMMISSIONER.  On receiving the report of the returns of a referendum and election, the commissioner shall determine:(1)  the number of votes cast for and against the referendum proposition;(2)  the total volume of production of the commodity during the relevant production period in the area described in the petition;(3)  the percentage of the total volume of production of the commodity that was produced by those voting in favor of the referendum proposition;  and(4)  the appropriate number of candidates receiving the highest number of votes for membership on the commodity producers board.|Acts 1981, 67th Leg., p. 1085, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.031 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.031. Certification of Results

Sec. 41.031.  CERTIFICATION OF RESULTS.  If the commissioner finds that two-thirds or more of those voting in the election voted in favor of the referendum proposition or that those voting in favor of the proposition produced at least 50 percent of the volume of production of the commodity during the relevant production period, the commissioner shall publicly certify the adoption of the referendum proposition and issue certificates of election to those persons elected to the board.  Otherwise, the commissioner shall publicly certify that the referendum proposition was defeated.|Acts 1981, 67th Leg., p. 1085, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.032 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.032. Subsequent Board Elections

Sec. 41.032.  SUBSEQUENT BOARD ELECTIONS.  A commodity producers board shall conduct biennial elections for the purpose of electing members to the board.  The board shall give notice and hold the election in accordance with the applicable provisions of this subchapter relating to the initial election and, to the extent necessary, in accordance with the rules of the commissioner.|Acts 1981, 67th Leg., p. 1085, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.033 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter C. Referenda and Elections|Section 41.033. Election of Board From Districts

Sec. 41.033.  ELECTION OF BOARD FROM DISTRICTS.  (a)  In accordance with the rules of the commissioner, a certified organization or established board may provide for election of all or any number of the members of the board from districts.  Each plan must be submitted to the commissioner for approval.(b)  In order to represent a district on the board, a person must reside within that district.  Only voters residing in a district may vote for candidates for the position representing the district.(c)  With the approval of the commissioner, a district representation plan may be modified.|Acts 1981, 67th Leg., p. 1085, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.051 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.051. Board Established

Sec. 41.051.  BOARD ESTABLISHED.  If the commissioner certifies adoption of a referendum proposition under Section 41.031 of this code, the board is established and has the powers and duties prescribed by this chapter.|Acts 1981, 67th Leg., p. 1087, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.052 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.052. State Agency

Sec. 41.052.  STATE AGENCY.  (a)  Each board is a state agency for purposes of indemnification and is exempt from taxation in the same manner and to the same extent as are other agencies of the state.(b)  Each board is a governmental unit for purposes of Section 101.001, Civil Practice and Remedies Code, and is a governmental body for purposes of Chapters 551 and 552, Government Code.|Acts 1981, 67th Leg., p. 1087, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2001, 77th Leg., ch. 52, Sec. 7, eff. May 7, 2001.|
TX Agric Code § 41.053 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.053. Organizational Meeting; Terms of Office

Sec. 41.053.  ORGANIZATIONAL MEETING;  TERMS OF OFFICE.  (a)  On receiving certificates of election from the commissioner, the members of the commodity producers board shall meet and organize.(b)  Members of the initial board shall draw lots so that one-third, or as near one-third as possible, of the members shall hold office for two years, one-third, or as near one-third as possible, for four years, and one-third, or as near one-third as possible, for six years.  Thereafter, members of the board serve for terms of six years.(c)  Each member holds office until a successor is elected and has qualified.|Acts 1981, 67th Leg., p. 1087, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 7.02, eff. Sept. 1, 2003.|
TX Agric Code § 41.054 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.054. Officers; Bond

Sec. 41.054.  OFFICERS;  BOND.  (a)  The board shall elect from its number a chairman, a secretary-treasurer, and other officers that it considers necessary.(b)  The secretary-treasurer shall execute a corporate surety bond in an amount required by the board.  The bond shall be conditioned on the secretary-treasurer faithfully accounting for all money that comes into the custody of the officer.  The bond shall be filed with the commissioner.|Acts 1981, 67th Leg., p. 1087, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.055 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.055. Vacancy

Sec. 41.055.  VACANCY.  The board shall fill any vacancy on the board by appointment for the unexpired term.|Acts 1981, 67th Leg., p. 1087, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.056 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.056. Majority Vote Requirement

Sec. 41.056.  MAJORITY VOTE REQUIREMENT.  A majority vote of all members present is necessary for an action of the board to be valid.|Acts 1981, 67th Leg., p. 1087, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.057 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.057. Compensation

Sec. 41.057.  COMPENSATION.  Members of the board serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties.|Acts 1981, 67th Leg., p. 1087, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.058 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.058. Powers and Duties

Sec. 41.058.  POWERS AND DUTIES.  (a)  The board may employ necessary personnel, fix the amount and manner of their compensation, and incur other expenses that are necessary and proper to enable the board to effectively carry out the purposes of this chapter.(b)  The board may adopt rules consistent with the purposes of this chapter.(c)  The board shall keep minutes of its meetings and other books and records that clearly reflect all acts and transactions of the board.  The board shall open its records to examination by any participating producer during regular business hours.(d)  The board shall set the rate of the assessment.  The rate may not exceed the maximum established in the election authorizing the assessment or a subsequent election establishing a maximum rate.(e)  The board may act separately or in cooperation with any person in developing, carrying out, and participating in programs of research, disease and insect control, predator control, education, indemnification, and promotion designed to encourage the production, marketing, and use of the commodity on which the assessment is levied.|Acts 1981, 67th Leg., p. 1087, ch. 388, Sec. 1, eff. Sept. 1, 1981.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 991 (H.B. 1840), Sec. 2, eff. September 1, 2011.|
TX Agric Code § 41.059 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.059. Budget; Annual Report; Audits

Sec. 41.059.  BUDGET;  ANNUAL REPORT;  AUDITS.  (a)  The board shall file with the commissioner a proposed budget and may expend funds only after the commissioner has approved the budget.  If after thorough review the commissioner disapproves the proposed budget, the commissioner shall return the proposed budget to the submitting board not later than the 45th day after the date on which the proposed budget is submitted with a statement of reasons for disapproval.(b)  Accounts of the board are subject to audit by the state auditor.(c)  Within 30 days following the end of each fiscal year of the board, the board shall submit to the commissioner a report itemizing all income and expenditures and describing all activities of the board during the previous fiscal year.|Acts 1981, 67th Leg., p. 1088, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 35, eff. Sept. 1, 1989.|
TX Agric Code § 41.060 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.060. Depository Bank; Expenditure of Funds

Sec. 41.060.  DEPOSITORY BANK;  EXPENDITURE OF FUNDS.  (a)  The secretary-treasurer shall deposit all money received by the board under this chapter, including assessments, donations from persons, and grants from governmental agencies, in a bank selected by the board.(b)  Money received by the board may be expended for any purpose under this chapter.(c)  Funds assessed and collected under this chapter may not be expended for use directly or indirectly to promote or oppose the election of any candidate for public office or to influence legislation.|Acts 1981, 67th Leg., p. 1088, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.061 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter D. Organization, Powers, and Duties of Boards|Section 41.061. Meetings by Telephone Conference Call

Sec. 41.061.  MEETINGS BY TELEPHONE CONFERENCE CALL.  (a)  Notwithstanding Chapter 551, Government Code, a board or a committee established by a board may hold an open or closed meeting by telephone conference call if the convening at one location of a quorum of the board or committee is inconvenient for any member of the board or committee.(b)  The meeting is subject to the notice requirements applicable to other meetings.(c)  The notice of the meeting must specify as the location of the meeting the location where meetings of the board or committee, as applicable, are usually held.(d)  Each part of the meeting that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and the audio shall be recorded.  The audio recording shall be made available to the public.|Added by Acts 2019, 86th Leg., R.S., Ch. 204 (H.B. 2900), Sec. 1, eff. May 24, 2019.|
TX Agric Code § 41.081 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter E. Assessments|Section 41.081. Collection of Assessment

Sec. 41.081.  COLLECTION OF ASSESSMENT.  (a)  The processor at a commodity process point determined by the board shall collect the assessment.  Except as provided by Subsection (b) of this section, the processor at that point shall collect the assessment by deducting the appropriate amount from the purchase price of the commodity or from any funds advanced for that purpose.(b)  If the producer and processor are the same legal entity, or if the producer retains ownership after processing, the processor shall collect the assessment directly from the producer at the time of processing.(c)  The secretary-treasurer of the board, by registered or certified mail, shall notify each processor of the duty to collect the assessment, the manner in which the assessment is to be collected, and the date on or after which the processor is to begin collecting the assessment.(d)  The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction.  The processor shall furnish a copy of the document to the producer.(e)  Unless otherwise provided by the original referendum, no later than the 10th day of each month the processor shall remit the amount collected during the previous month to the secretary-treasurer of the board.|Acts 1981, 67th Leg., p. 1088, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.082 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter E. Assessments|Section 41.082. Producer Exemption

Sec. 41.082.  PRODUCER EXEMPTION.  (a)  A producer may exempt his or her product sales from assessment by filing a signed request for exemption with the processor at the time of each sale unless the notice of referendum to authorize the assessment or to add new territory stated that such an exemption would not be allowed or unless any board established prior to September 1, 1983, adopts a rule denying such an exemption.  The processor shall include copies of the exemption request with the remittance of collected assessments to the secretary-treasurer.(b)  The commissioner shall prescribe the form of the request for exemption.  The board shall furnish the prescribed form to each processor within the board's jurisdiction.|Acts 1981, 67th Leg., p. 1088, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 3185, ch. 545, Sec. 3, eff. Nov. 8, 1983.|
TX Agric Code § 41.083 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter E. Assessments|Section 41.083. Producer Refunds

Sec. 41.083.  PRODUCER REFUNDS.  (a)  A producer who has paid an assessment may obtain a refund of the amount paid by filing an application for refund with the secretary-treasurer within 60 days after the date of payment.  The application must be in writing, on a form prescribed by the board for that purpose, and accompanied by proof of payment of the assessment.(b)  The secretary-treasurer shall pay the refund to the producer before the 11th day of the month following the month in which the application for refund and proof of payment are received.|Acts 1981, 67th Leg., p. 1089, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 41.084 (2021)
2021 Texas Statutes|Agriculture Code|Title 3 - Agricultural Research and Promotion|Chapter 41 - Commodity Producers Boards|Subchapter E. Assessments|Section 41.084. Increase of Assessment

Sec. 41.084.  INCREASE OF ASSESSMENT.  At any biennial board election, the board may submit to the voters a proposition to increase the maximum rate of assessment.  The proposition is approved and the new maximum rate is in effect if two-thirds or more of those voting vote in favor of the proposition or if those voting in favor of the proposition produced at least 50 percent of the volume of production of the commodity during the relevant production period.|Acts 1981, 67th Leg., p. 1089, ch. 388, Sec. 1, eff. Sept. 1, 1981.|