reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 50D - Texas Olive Oil Industry Advisory Board › Section 50D.002. Board

Sec. 50D.002.  BOARD.  (a)  The board is composed of the following nine members appointed by the commissioner:
(1)  five members who are olive growers, one of whom represents each of the five established olive-growing regions of the state as determined by the commissioner;
(2)  one representative of infrastructure who is engaged in harvesting, milling, or agritourism;
(3)  one researcher or educator who is employed by an institution of higher education, as defined by Section 61.003, Education Code;
(4)  one representative from the Texas A&M AgriLife Extension Service; and
(5)  one representative from the department.
(b)  The board shall elect a presiding officer from among its members.
(c)  Members of the board serve staggered six-year terms, with the terms of three members expiring on February 1 of each odd-numbered year.  Members may be reappointed at the end of a term.
(d)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the board.
(e)  Service on the board by a state officer or employee is an additional duty of the member's office or employment.  Members of the board are not entitled to compensation or reimbursement of expenses.
(f)  The board may accept gifts and grants from any source to be used to carry out a function of the board.
Added by Acts 2019, 86th Leg., R.S., Ch. 5 (S.B. 743), Sec. 1, eff. April 25, 2019.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 50D - Texas Olive Oil Industry Advisory Board › Section 50D.003. Duties

Sec. 50D.003.  DUTIES.  The board shall:
(1)  assist the department in:
(A)  assessing the state of the olive and olive oil industry in this state;
(B)  developing recommendations to the commissioner and the legislature to promote and expand the olive and olive oil industry in this state;
(C)  identifying and obtaining grants and gifts to promote and expand the olive and olive oil industry in this state; and
(D)  developing a long-term vision and marketable identity for the olive and olive oil industry in this state that take into consideration future industry development, funding, research, educational programming, risk management, and marketing; and
(2)  review and provide guidance on rules impacting the olive and olive oil industry in this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 5 (S.B. 743), Sec. 1, eff. April 25, 2019.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 50D - Texas Olive Oil Industry Advisory Board › Section 50D.004. Meetings

Sec. 50D.004.  MEETINGS.  The board shall meet twice each year and may meet at other times considered necessary by the commissioner.
Added by Acts 2019, 86th Leg., R.S., Ch. 5 (S.B. 743), Sec. 1, eff. April 25, 2019.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 50D - Texas Olive Oil Industry Advisory Board › Section 50D.005. Staff

Sec. 50D.005.  STAFF.  The board is administratively attached to the department.  The department shall provide the board with the staff necessary to carry out the board's duties under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 5 (S.B. 743), Sec. 1, eff. April 25, 2019.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 50E - Texas Youth Livestock Show Grant Program › Section 50E.001. Texas Youth Livestock Show Grant Program

Sec. 50E.001.  TEXAS YOUTH LIVESTOCK SHOW GRANT PROGRAM.  (a)  The office of the governor shall establish and administer the Texas youth livestock show grant program.  The office of the governor shall:
(1)  establish grant eligibility requirements, subject to Subsection (c);
(2)  establish a grant application process; and
(3)  encourage participation from livestock shows of varying sizes, types of entries, and needs.
(b)  Grants under this section may be used only to provide financial assistance to youth livestock shows in this state.
(c)  A youth livestock show is eligible for a grant under this section if the livestock show is part of a county or state youth livestock validation program and has Texas 4-H and Texas FFA engagement or sanction.
Added by Acts 2021, 87th Leg., R.S., Ch. 422 (H.B. 3959), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 50E - Texas Youth Livestock Show Grant Program › Section 50E.002. Texas Youth Livestock Show Fund

Sec. 50E.002.  TEXAS YOUTH LIVESTOCK SHOW FUND.  (a) The Texas youth livestock show fund is an account in the general revenue fund administered by the office of the governor.  Money in the account may be used only by the office of the governor to provide grants under Section 50E.001 and to promote and encourage donations to the fund.  Not more than 10 percent of the money in the account may be used to promote and encourage donations to the fund.
(b)  The Texas youth livestock show fund consists of:
(1)  gifts, grants, including federal grants, and other donations received for the fund;
(2)  interest earned on the investment of money in the fund;
(3)  any money appropriated to the fund by the legislature; and
(4)  money received from the federal government that may be used for a purpose described by Subsection (a) and that is transferred or deposited to the credit of the fund by the legislature.
(c)  The office of the governor may accept grants, gifts, or donations from any source that are made for the purposes of this chapter.  Money received under this subsection shall be deposited in the Texas youth livestock show fund.
Added by Acts 2021, 87th Leg., R.S., Ch. 422 (H.B. 3959), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.001. Definition

Sec. 51.001.  DEFINITION.  In this chapter, "society" means a farmers' cooperative society incorporated under this chapter.
Acts 1981, 67th Leg., p. 1097, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.002. Application of General Corporation Laws

Sec. 51.002.  APPLICATION OF GENERAL CORPORATION LAWS.  The general corporation laws of the state govern societies unless those laws conflict with this chapter.
Acts 1981, 67th Leg., p. 1097, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.003. Purpose

Sec. 51.003.  PURPOSE.  A society may be organized to enable its members to cooperate with each other for the purposes authorized by this chapter.
Acts 1981, 67th Leg., p. 1097, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.004. Powers

Sec. 51.004.  POWERS.  (a)  A society may:
(1)  borrow money and discount notes, not to exceed a total amount equal to five times its working capital;
(2)  lend money to its members, on terms and with security as provided by its bylaws;
(3)  act as an agent for its members in selling the members' agricultural products and in purchasing machinery and supplies for its members, including fire, livestock, hail, cyclone, and storm insurance;
(4)  own and operate machinery and tools necessary to produce, harvest and prepare for market farm and ranch products;
(5)  exercise any of the powers granted to cooperative marketing associations under Section 52.013 of this code;  and
(6)  deliver money to a scholarship fund for rural students.
(b)  To be eligible to purchase insurance for its members, a society must be appointed and licensed as an agent of the insurance company from which the insurance is to be purchased.  Commissions received by the society from the purchase of insurance for its members are corporate funds.
(c)  A society may not lend money or act as an agent for any person other than a member of the society.
(d)  Societies may join to establish and maintain joint agencies to accomplish the purposes for which they were incorporated.
Acts 1981, 67th Leg., p. 1097, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 904, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.005. Assets

Sec. 51.005.  ASSETS.  A society shall have cash, notes acceptable to its directors, or other property, the combined value of which is $500 or more.
Acts 1981, 67th Leg., p. 1098, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.006. Area of Operation

Sec. 51.006.  AREA OF OPERATION.  A society shall confine its activities and business operation to the community in which it is located.  Its activities and business operation may not extend beyond the territory surrounding the town, village, or city designated as the society's place of business.
Acts 1981, 67th Leg., p. 1098, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.007. Nonprofit Corporation; Division of Profits

Sec. 51.007.  NONPROFIT CORPORATION;  DIVISION OF PROFITS.  (a)  A society is a cooperative and a nonprofit corporation.
(b)  A society, on approval of its directors in accordance with its bylaws, may:
(1)  transfer its profits to its surplus fund;  or
(2)  divide its profits among its members, in proportion to each member's cash contribution to the society's working capital and patronage to the society.
Acts 1981, 67th Leg., p. 1098, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.008. Incorporators

Sec. 51.008.  INCORPORATORS.  To be eligible to incorporate under this chapter, a person must be engaged in agricultural pursuits.
Acts 1981, 67th Leg., p. 1098, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.009. Articles of Incorporation

Sec. 51.009.  ARTICLES OF INCORPORATION.  (a)  The incorporators shall prepare articles of incorporation under the general corporation laws of the state and shall deliver the articles to the attorney general for approval.
(b)  After the attorney general has approved the articles, the incorporators shall file them with the secretary of state under the general corporation laws of the state.
(c)  The society shall file with the county clerk a certified copy of the articles in accordance with Section 51.011 of this code.
Acts 1981, 67th Leg., p. 1098, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.010. Bylaws and Amendments to Articles of Incorporation

Sec. 51.010.  BYLAWS AND AMENDMENTS TO ARTICLES OF INCORPORATION.  (a)  Each member of a society shall sign the bylaws of the society.
(b)  A society shall obtain the approval of its bylaws and amendments to its articles of incorporation from the attorney general.  After obtaining that approval, the society shall file the bylaws or amendments with the secretary of state.
Acts 1981, 67th Leg., p. 1099, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.011. Copies of Articles, Amendments, and Bylaws; Filing With County Clerk

Sec. 51.011.  COPIES OF ARTICLES, AMENDMENTS, AND BYLAWS;  FILING WITH COUNTY CLERK.  (a)  After filing and recording the articles of incorporation, an amendment to the articles, or bylaws, the secretary of state shall issue to a society two certified copies of the instrument.
(b)  The society shall keep one certified copy of its articles, amendments to the articles, and bylaws in its files.
(c)  The society shall file with the county clerk of the county in which the society is located a certified copy of the articles, amendments to the articles, and bylaws.  The county clerk shall keep those copies for inspection by interested persons but is not required to record them.
Acts 1981, 67th Leg., p. 1099, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.012. Membership

Sec. 51.012.  MEMBERSHIP.  (a)  Membership in a society is limited to persons in the community in which the society is located who are engaged in agricultural pursuits.
(b)  A person may become a member of a society only if the person is chosen to be a member by:
(1)  the incorporators at the time of incorporation;  or
(2)  the board of directors under rules prescribed by the corporation's bylaws.
Acts 1981, 67th Leg., p. 1099, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.013. Voting

Sec. 51.013.  VOTING.  Each member of a society has one vote in the management of the society.
Acts 1981, 67th Leg., p. 1099, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.014. Membership Certificates

Sec. 51.014.  MEMBERSHIP CERTIFICATES.  (a)  If a subscriber for membership certificates gives notes for the certificates, a society may not issue the certificates until the notes have been paid in full.
(b)  A subscriber who has not paid for the certificates in full is entitled to vote in the management of the society and may borrow from the society in accordance with the society's bylaws.
(c)  A subscriber who has not paid for the certificates in full may not receive dividends from the society or share in a distribution of any of its assets.
(d)  Membership certificates may not be transferred.
Acts 1981, 67th Leg., p. 1099, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.015. Notes as Subscription Contracts

Sec. 51.015.  NOTES AS SUBSCRIPTION CONTRACTS.  Notes given for membership certificates of a society are valid subscription contracts and are the property of the society.
Acts 1981, 67th Leg., p. 1099, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.016. Liability of Members

Sec. 51.016.  LIABILITY OF MEMBERS.  (a)  Except as provided by this section, a member of a society is not liable to the society or its creditors for an amount that exceeds the amount unpaid on the member's membership certificates.  When the member pays for the certificates in full, the member's liability ceases.
(b)  A society, by clear provisions of its bylaws, may provide that:
(1)  each member is liable for an amount, in addition to that provided by Subsection (a) of this section, equal to the price paid for the membership certificates owned by the member and payable on assessment of the board of directors for payment of the society's obligations;  or
(2)  each member may waive the right to claim personal property exempt from seizure for the member's obligations to the society.
Acts 1981, 67th Leg., p. 1099, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.017. Withdrawal

Sec. 51.017.  WITHDRAWAL.  (a)  A member of a society is entitled to withdraw from the society under rules prescribed by the society's bylaws.
(b)  If a member withdraws, the society may return to the member money in an amount equal to the value of the member's contribution to the society's working capital.
Acts 1981, 67th Leg., p. 1100, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.018. Suspension; Expulsion

Sec. 51.018.  SUSPENSION;  EXPULSION.  (a)  As prescribed by the society's bylaws, a society may suspend or expel a member for misconduct.
(b)  If a member is expelled, the society shall return to the member, at a time provided by its bylaws, money in an amount equal to the value of the member's contribution to the society's working capital.
Acts 1981, 67th Leg., p. 1100, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.019. Contributors

Sec. 51.019.  CONTRIBUTORS.  A person who is not engaged in agricultural pursuits may contribute to a society.  The amount of the contribution may not exceed one-third of the outstanding working capital of the society.
Acts 1981, 67th Leg., p. 1100, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.020. Forms

Sec. 51.020.  FORMS.  (a)  The attorney general shall prepare and file with the secretary of state forms for the following documents of a society:
(1)  articles of incorporation;
(2)  amendments of the articles;
(3)  bylaws;
(4)  rules of the society;
(5)  annual reports of the society to its members;
(6)  annual reports of the society to the secretary of state;  and
(7)  any other forms necessary to make this chapter effective.
(b)  The secretary of state shall cause the forms and copies of this chapter to be published and distributed to citizens of the state who are interested.
Acts 1981, 67th Leg., p. 1100, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.021. Restriction on Use of Public Money for Incorporation

Sec. 51.021.  RESTRICTION ON USE OF PUBLIC MONEY FOR INCORPORATION.  Public money appropriated to a department of state government or a state institution may not be used in organizing a society.
Acts 1981, 67th Leg., p. 1100, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.022. Name

Sec. 51.022.  NAME.  The name of a society must contain the words, "Farmers' Cooperative Society."
Acts 1981, 67th Leg., p. 1100, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.023. Fees

Sec. 51.023.  FEES.  (a)  The secretary of state shall charge fees for filing articles of incorporation or amendments in accordance with this section.
(b)  The fee for filing articles of incorporation is $10.
(c)  The fee for filing an amendment to the articles of incorporation is $25.
Acts 1981, 67th Leg., p. 1100, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 4283, ch. 682, Sec. 4, eff. Sept. 1, 1983.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.024. Report

Sec. 51.024.  REPORT.  (a)  A society shall annually file with the secretary of state a report that shows the condition of its affairs.
(b)  The report shall be made on a form that is available to the society under Section 51.020 of this code.
Acts 1981, 67th Leg., p. 1101, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 51 - Farmers' Cooperative Societies › Section 51.025. Exemption From Franchise Tax

Sec. 51.025.  EXEMPTION FROM FRANCHISE TAX.  A society is not required to pay any annual franchise tax, except that a society is exempt from the franchise tax imposed by Chapter 171, Tax Code, only if exempted by that chapter.
Acts 1981, 67th Leg., p. 1101, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2785, ch. 752, Sec. 15(a), eff. Jan. 1, 1982.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter A. General Provisions › Section 52.001. Policy

Sec. 52.001.  POLICY.  The purpose of this chapter is:
(1)  to promote and encourage intelligent and orderly production, cultivation, and care of citrus groves and marketing of agricultural products through cooperation;
(2)  to eliminate speculation and waste in the production and marketing of agricultural products;
(3)  to make production and distribution of agricultural products as direct as effectively possible between the producer and consumer;  and
(4)  to stabilize the production and marketing of agricultural products.
Acts 1981, 67th Leg., p. 1102, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter A. General Provisions › Section 52.002. Definitions

Sec. 52.002.  DEFINITIONS.  In this chapter:
(1)  "Agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, poultry, and bee products and any farm and ranch product.
(2)  "Marketing association" means an association organized under this chapter.
(3)  "Member" includes a member of an association organized under this chapter without capital stock and a holder of common stock of an association organized under this chapter with capital stock.
Acts 1981, 67th Leg., p. 1103, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter A. General Provisions › Section 52.003. Nonprofit Organization

Sec. 52.003.  NONPROFIT ORGANIZATION.  Because a marketing association is organized not to make money for itself or for its members as individuals but only to make money for its members as producers, the association is considered to be a nonprofit organization.
Acts 1981, 67th Leg., p. 1103, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter A. General Provisions › Section 52.004. Application of General Corporation Laws

Sec. 52.004.  APPLICATION OF GENERAL CORPORATION LAWS.  The general corporation laws of the state apply to marketing associations unless those laws conflict with this chapter.
Acts 1981, 67th Leg., p. 1103, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter A. General Provisions › Section 52.005. Associations Not in Restraint of Trade

Sec. 52.005.  ASSOCIATIONS NOT IN RESTRAINT OF TRADE.  (a)  A marketing association is not a combination in restraint of trade or an illegal monopoly.
(b)  Organizing under this chapter is not an attempt to lessen competition or to fix prices arbitrarily.
(c)  Marketing contracts or agreements authorized by this chapter are not illegal or in restraint of trade.
Acts 1981, 67th Leg., p. 1103, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter A. General Provisions › Section 52.006. Duration of Existence

Sec. 52.006.  DURATION OF EXISTENCE.  Each association incorporated and organized under this chapter after August 1, 1987, has perpetual existence unless a limited duration is provided for and stated in its charter or articles of incorporation or in an amendment to either of the documents.  Each association incorporated and organized under this chapter that is in existence on August 1, 1987, has perpetual existence unless a limited duration is provided for and stated in an amendment to its charter or articles of incorporation.
Added by Acts 1987, 70th Leg., ch. 695, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter B. Purpose and Powers › Section 52.011. Purposes

Sec. 52.011.  PURPOSES.  (a)  A marketing association may be incorporated to engage in any activity connected with:
(1)  the production, cultivation, and care of citrus groves;
(2)  the harvesting, preserving, drying, processing, canning, storing, handling, shipping, marketing, selling, or use of agricultural products of its members;
(3)  the manufacturing or marketing of by-products of its members' agricultural products;
(4)  the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies;  or
(5)  the financing of any of the activities authorized by this section.
(b)  The activities authorized by Subsection (a) of this section may extend to nonmembers, to the production, cultivation, and care of lands owned or cultivated by nonmembers, and to products of nonmembers as limited by Section 52.012 of this code.
Acts 1981, 67th Leg., p. 1103, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter B. Purpose and Powers › Section 52.012. Restrictions

Sec. 52.012.  RESTRICTIONS.  (a)  A marketing association shall be operated for the mutual benefit of its members, as producers, and shall conform to one or both of the following requirements:
(1)  a member of the association may not have more than one vote based on the member's ownership of stock or membership capital in the association; or
(2)  the association may not pay dividends on stock or membership capital in excess of eight percent a year.
(b)  A marketing association may deal in the products and supplies of nonmembers.  However, except as provided by Subsection (c) of this section, an association is restricted to an amount of nonmember products and supplies that is not greater than the value of the products that it handles for its members.
(c)  A marketing association that is organized primarily for the production, cultivation, and care of citrus groves or for the processing and marketing of citrus products and for which the principal offices are located in a county in which not less than 500 acres of land are planted in producing citrus groves may deal in the products and supplies of nonmembers to an amount that is greater than the value of the products that it handles for its members for the 10-year period immediately following a natural disaster, such as a severe freeze, during which the citrus crops of the association's membership are substantially reduced as a direct result of the disaster.
Acts 1981, 67th Leg., p. 1104, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 575, Sec. 1, eff. June 12, 1985;  Acts 1993, 73rd Leg., ch. 147, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter B. Purpose and Powers › Section 52.013. General Powers

Sec. 52.013.  GENERAL POWERS.  A marketing association may:
(1)  engage in any activity connected with:
(A)  the production, cultivation, and care of citrus groves;
(B)  the marketing, selling, harvesting, preserving, drying, processing, canning, packing, storing, handling, or use of any agricultural products produced or delivered to it by its members;
(C)  the production, manufacturing, or marketing of the by-products of those agricultural products;
(D)  the purchase, hiring, or use by its members of supplies, machinery, or equipment;  and
(E)  the financing of an activity enumerated by Paragraphs (A) through (D) of this subdivision;
(2)  borrow money and make advances to its members;
(3)  act as an agent or representative of any member in an activity authorized by Subdivision (1) or (2) of this section;
(4)  acquire, hold, own, exercise all rights of ownership in, sell, transfer, or pledge shares of capital stocks or bonds of a corporation or association, including a bank for cooperatives organized under the Farm Credit Act of 1933, engaged in an activity related to that of the association incorporated under this chapter or engaged in the handling or marketing of a product handled by the association;
(5)  establish reserves and invest the money in those reserves in bonds or other property as provided by the association's bylaws;
(6)  buy, hold, and exercise all privileges of ownership over real or personal property that is determined by the association to be necessary or convenient for, or incidental to, conducting and operating its business;
(7)  perform, in or outside this state, acts that are necessary, suitable, or proper to accomplish the purposes and objectives permitted by this section or that are conducive to or expedient for the interest or benefit of the association, and may contract for the performance of those acts;
(8)  possess and exercise, in or outside this state, all powers, rights, and privileges necessary for or incidental to the purposes for which the association is organized or the activities in which it is engaged;
(9)  exercise the rights, powers, and privileges that are granted by the laws of the state to general corporations and that are not inconsistent with this chapter;  and
(10)  deliver money to a scholarship fund for rural students.
Acts 1981, 67th Leg., p. 1104, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1997, 75th Leg., ch. 904, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter B. Purpose and Powers › Section 52.014. Interest in Other Corporations

Sec. 52.014.  INTEREST IN OTHER CORPORATIONS.  (a)  A marketing association may organize, operate, own, control, have an interest in, own stock of, or be a member of any other corporation, organized with or without capital stock, that is engaged in preserving, drying, pressing, canning, packing, storing, handling, shipping, using, manufacturing, marketing, or selling agricultural products handled by the association or the by-products of those products.
(b)  If a corporation described by Subsection (a) of this section is a warehousing corporation, it may issue a legal warehouse receipt to the association or to any person.  The receipt is adequate collateral limited to the current value of the commodity represented by the receipt.  If a warehouse is licensed or licensed and bonded under the laws of this state or of the United States, its warehouse receipts may not be challenged or discriminated against because of the association's total or partial ownership or control of it.
Acts 1981, 67th Leg., p. 1105, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter B. Purpose and Powers › Section 52.015. Contracts and Agreements With Other Associations

Sec. 52.015.  CONTRACTS AND AGREEMENTS WITH OTHER ASSOCIATIONS.  (a)  A marketing association, by resolution of its board of directors, may make all necessary stipulations, agreements, contracts, and arrangements with any other cooperative corporation or association formed in this or any other state for the cooperative and more economical conduct of its business or a part of its business.
(b)  Two or more marketing associations, jointly or separately, may use the same methods and agencies to conduct their respective businesses.
Acts 1981, 67th Leg., p. 1105, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter B. Purpose and Powers › Section 52.016. Marketing Contract

Sec. 52.016.  MARKETING CONTRACT.  (a)  A marketing association may execute a marketing contract with its members requiring the members to sell, for a period not exceeding 10 years, all or a specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association.
(b)  The contract may provide that the association may:
(1)  sell or resell its members' products with or without taking title to the products;  and
(2)  pay to its members the resale price less necessary expenses.
(c)  The expenses that may be deducted from the resale price under Subsection (b) of this section include:
(1)  sales, overhead, and other expenses;
(2)  interest on preferred stock, not exceeding eight percent a year;
(3)  interest on common stock, not exceeding eight percent a year;  and
(4)  reserves, including reserves for redeeming any stock issued.
(d)  A marketing association's bylaws and marketing contract may:
(1)  fix as liquidated damages specific amounts to be paid by a member if the member breaches the marketing contract regarding the sale, delivery, or withholding of products;  and
(2)  provide that the member will pay all costs, premiums for bonds, expenses, and fees if the association brings an action on the contract.
Acts 1981, 67th Leg., p. 1105, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter C. Incorporation › Section 52.031. Incorporators

Sec. 52.031.  INCORPORATORS.  Five or more persons who produce agricultural products or three or more marketing associations may form a marketing association under this chapter.
Acts 1981, 67th Leg., p. 1106, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter C. Incorporation › Section 52.032. Preliminary Investigation

Sec. 52.032.  PRELIMINARY INVESTIGATION.  (a)  Every group of persons considering the organization of a marketing association is urged to communicate with the department.
(b)  On request, the department shall inform the group of:
(1)  the results of a survey of the marketing conditions affecting the commodities to be handled by the proposed association;  and
(2)  the probability of the association's success as determined from those results.
Acts 1981, 67th Leg., p. 1106, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter C. Incorporation › Section 52.033. Execution of Articles of Incorporation

Sec. 52.033.  EXECUTION OF ARTICLES OF INCORPORATION.  (a)  Each marketing association shall prepare and file articles of incorporation signed by each incorporator.
(b)  One of the incorporators shall acknowledge the articles before an officer authorized by the laws of the state to take and certify acknowledgments of deeds and conveyances.
Acts 1981, 67th Leg., p. 1106, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter C. Incorporation › Section 52.034. Contents of Articles of Incorporation

Sec. 52.034.  CONTENTS OF ARTICLES OF INCORPORATION.  (a)  The articles of incorporation must state:
(1)  the name of the association;
(2)  the term of existence, if it is limited;
(3)  the purpose for which the association is formed;
(4)  the location and street address of the association's principal place of business;
(5)  the number of directors;  and
(6)  the term of office of each director.
(b)  If the association is organized without capital stock, the articles must state whether property rights and interests of each member are equal or unequal, and if unequal, the general rules applicable to all members by which the property rights and interests of each are determined and fixed.
(c)  If the association is organized with capital stock, the articles must state:
(1)  the amount of capital stock authorized;
(2)  the number of shares authorized;
(3)  the par value of the shares;  and
(4)  if preferred stock is to be issued, the number of shares of common stock, the number of shares of preferred stock, the rights, preferences, and privileges granted, and the conditions under which the association may redeem the preferred stock.
Acts 1981, 67th Leg., p. 1106, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2605, ch. 693, Sec. 24, eff. Aug. 31, 1981;  Acts 1987, 70th Leg., ch. 695, Sec. 2, eff. Aug. 31, 1987.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter C. Incorporation › Section 52.035. Filing of Articles of Incorporation

Sec. 52.035.  FILING OF ARTICLES OF INCORPORATION.  (a)  The incorporators shall file the articles of incorporation in accordance with the general corporation laws of the state.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 5.35(5), eff. September 1, 2009.
(c)  If the association is formed with capital stock, the incorporators are not required to obtain subscriptions or payment for any part of the association's capital stock as a prerequisite of filing the articles.
Acts 1981, 67th Leg., p. 1106, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.35(5), eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter C. Incorporation › Section 52.036. Effect of Filing Articles of Incorporation

Sec. 52.036.  EFFECT OF FILING ARTICLES OF INCORPORATION.  When the articles of incorporation are filed with the secretary of state, all courts shall receive the articles or a certified copy of the articles as prima facie evidence of:
(1)  facts stated in the articles;  and
(2)  compliance with requirements for incorporation under this chapter.
Acts 1981, 67th Leg., p. 1107, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter C. Incorporation › Section 52.037. Amendment of Articles of Incorporation

Sec. 52.037.  AMENDMENT OF ARTICLES OF INCORPORATION.  (a)  A marketing association may amend the articles of incorporation at any regular meeting of the association or at a special meeting for that purpose, at which at least 10 percent of the members are voting in person or by proxy or mail.
(b)  An amendment must first be approved by two-thirds of the directors and then, except as provided by Subsection (c) of this section, adopted by:
(1)  a simple majority vote when 50 percent or more of the members vote in person or by proxy or mail;
(2)  a two-thirds majority vote when less than 50 percent but 25 percent or more of the members vote in person or by proxy or mail;  or
(3)  a three-fourths majority vote when less than 25 percent but 10 percent or more of the members vote in person or by proxy or mail.
(c)  An amendment of the rules required by Section 52.034(b) of this code for determining the property rights and interests of members of a marketing association formed without capital stock may be adopted by a vote or written consent of two-thirds of the members who are present at a meeting of the association at which a quorum is present or who are voting by proxy or mail as prescribed by an association bylaw.
(d)  After an amendment is adopted, the amendment shall be filed in accordance with the general corporation laws of the state.
Acts 1981, 67th Leg., p. 1107, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1550, ch. 296, Sec. 1, eff. June 14, 1983.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter C. Incorporation › Section 52.038. Existing Corporations and Associations

Sec. 52.038.  EXISTING CORPORATIONS AND ASSOCIATIONS.  Any corporation or association organized under prior law before March 1, 1921, may elect, by a majority vote of its members or stockholders, to adopt this chapter and become subject to it by:
(1)  adopting the restrictions provided by this chapter; and
(2)  executing, in duplicate on forms supplied by the secretary of state, an instrument, signed and acknowledged by its directors, stating that the entity, by a majority vote of its members or stockholders, has decided to accept the benefits of and be bound by this chapter.
Acts 1981, 67th Leg., p. 1107, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.08, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter D. Bylaws › Section 52.051. Adoption

Sec. 52.051.  ADOPTION.  (a)  A marketing association shall adopt bylaws before the 31st day after the day on which the articles of incorporation are filed with the secretary of state.
(b)  The initial bylaws may be adopted by a two-thirds vote of the incorporating directors and then:
(1)  a simple majority vote when 50 percent or more of the members vote in person or by proxy or mail;
(2)  a two-thirds majority vote when less than 50 percent but 25 percent or more of the members vote in person or by proxy or mail;  or
(3)  a three-fourths majority vote when less than 25 percent but 10 percent or more of the members vote in person or by proxy or mail.
Acts 1981, 67th Leg., p. 1107, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1551, ch. 296, Sec. 2, eff. June 14, 1983.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter D. Bylaws › Section 52.052. Contents

Sec. 52.052.  CONTENTS.  The bylaws may provide for one or more of the following:
(1)  the time, place, and manner of calling and conducting meetings of the association;
(2)  the number and qualifications of the members;
(3)  the number of members constituting a quorum;
(4)  the right of members to vote by proxy, mail, or both and the conditions, method, and effects of the vote;
(5)  the method by which a member that is an association may cast its vote;
(6)  the number of directors constituting a quorum;
(7)  the qualifications, compensation, duties, and terms of directors and officers;
(8)  the time of the election of directors and officers and the method of giving notice of the election;
(9)  the penalties for violations of the bylaws;
(10)  the amount of entrance, organization, and membership fees, if any, the method of collecting the fees, and the purposes for which the association must use the fees;
(11)  the amount, if any, that each member must pay for the association's cost of conducting business;
(12)  the amount that each member is required to pay for services rendered to the member by the association, the time of payment, and the method of collecting the payment;
(13)  the marketing contract between the association and its members;
(14)  the requirements for ownership of common stock;
(15)  the time and method by which a member may withdraw from the association or may assign or transfer common stock;
(16)  the method of assignment and transfer of a member's interest or shares of common stock;
(17)  the time and conditions on which membership ceases;
(18)  the automatic suspension of a member's rights if the member ceases to be eligible for membership;
(19)  the method and effect of expulsion of a member;
(20)  the purchase by the association of a member's interest on the death, withdrawal, or expulsion of the member, on forfeiture of a membership, or at the option of the association;  and
(21)  the method by which the value of a member's interest is determined by conclusive appraisal by the board of directors.
Acts 1981, 67th Leg., p. 1108, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter E. Membership Certificates and Stock › Section 52.061. Stock

Sec. 52.061.  STOCK.  A marketing association may be organized with or without capital stock.
Acts 1981, 67th Leg., p. 1108, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter E. Membership Certificates and Stock › Section 52.062. Issuance of Membership Certificates

Sec. 52.062.  ISSUANCE OF MEMBERSHIP CERTIFICATES.  When a member of a marketing association organized without capital stock has paid the membership fee in full, the association shall issue to the member a certificate of membership.
Acts 1981, 67th Leg., p. 1108, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter E. Membership Certificates and Stock › Section 52.063. Issuance of Shares

Sec. 52.063.  ISSUANCE OF SHARES.  (a)  Subject to this section, a marketing association organized with capital stock may from time to time sell and issue shares of capital stock in the manner and under the terms prescribed by its bylaws.
(b)  A marketing association may issue common stock only to a person who satisfies the membership requirements prescribed by Section 52.081 of this code.
(c)  A marketing association may not sell and issue shares of preferred stock to a person who is not a member of the association unless the association first complies with The Securities Act (Title 12, Government Code).
(d)  A marketing association may not issue shares of stock to a member until the member has fully paid for the shares.
(e)  A marketing association may accept promissory notes of members as full or partial payment for stock.  The association shall hold the stock as security for payment of the note.  The association's retention of the stock does not affect the member's right to vote.
Acts 1981, 67th Leg., p. 1109, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.01, eff. January 1, 2022.
2023 Texas Statutes › Agriculture Code › Title 4 - Agricultural Organizations › Chapter 52 - Cooperative Marketing Associations › Subchapter E. Membership Certificates and Stock › Section 52.064. Common Stock

Sec. 52.064.  COMMON STOCK.  (a)  If a marketing association consists of fewer than 20 stockholders, a stockholder may not own more than one share of the marketing association's issued common stock.  If the marketing association consists of 20 or more stockholders, a stockholder may not own more than one-twentieth of a marketing association's issued common stock.  A marketing association with more than 20 stockholders, by its bylaws, may limit the amount of common stock that one stockholder may own to an amount less than one-twentieth of the issued common stock.
(b)  At any time, except when the association's debts exceed 50 percent of its assets, a marketing association may purchase its common stock at the book value conclusively determined by its board of directors and pay cash for the stock within one year thereafter.
(c)  A person may not transfer common stock of a marketing association to a person who does not produce agricultural products handled by the association.  The association shall state this restriction in its bylaws and shall print the restriction on each common stock certificate.
Acts 1981, 67th Leg., p. 1109, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1551, ch. 296, Sec. 3, eff. June 14, 1983.