reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.156. Findings

Sec. 102.156.  FINDINGS.  (a)  Following a hearing, the department may execute a marketing agreement or issue a license only if it finds that:
(1)  the supply of a citrus fruit available for marketing exceeds or is likely to exceed the demand for the fruit at prices that will provide a reasonable return to representative producers of that fruit;
(2)  the return to producers of the citrus fruit will tend to be increased through the operation of the marketing plan;
(3)  the marketing plan may be operated without permitting unreasonable profits to producers of the citrus fruit and without unreasonably enhancing prices of the citrus fruit to consumers;  and
(4)  the marketing plan will tend to advance public welfare and conserve the agricultural wealth of the state by preventing threatened economic or agricultural waste and will tend to prevent chaotic marketing of the citrus fruit.
(b)  The findings of the department, and the administration of any marketing agreement or license, shall be based on relevant considerations, including:
(1)  the quantity of the several grades, varieties, and qualities of the citrus fruit under consideration and available for distribution to consumers in the marketing season during which the program is to be effective;
(2)  the quantity of the several grades, varieties, and qualities of the citrus fruit required by consumers during the marketing season during which the program is to be effective;
(3)  the cost of production of the citrus fruit;
(4)  the general purchasing power of consumers of the citrus fruits;
(5)  the general level of prices of commodities that farmers buy;  and
(6)  the general level of prices of other commodities that compete with or are used as substitutes for the citrus fruit.
Acts 1981, 67th Leg., p. 1268, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.157. Terms of Agreement or License

Sec. 102.157.  TERMS OF AGREEMENT OR LICENSE.  (a)  Any marketing agreement executed or license issued may:
(1)  limit or provide a method for limiting the total quantity of any grade, variety, size, or quality of citrus fruit that may be produced during one or more specified periods and marketed in or transported to a market in intrastate commerce;
(2)  allot or provide a method for allotting the amount of citrus fruit or any grade, variety, size, or quality of citrus fruit that each handler may market in intrastate commerce;
(3)  determine or provide a method for determining the existence and extent of a surplus of a citrus fruit or of any grade, variety, size, or quality of a citrus fruit, provide for the control and disposition of that surplus in a manner that does not burden or obstruct interstate or foreign commerce, and equalize the burden of a surplus elimination or control among the producers and handlers of the citrus fruit;
(4)  provide for administrative committees under Section 102.158 of this code;  and
(5)  provide other terms or conditions incidental to and consistent with this section.
(b)  If the marketing agreement or license allots or provides a method for allotting the amount of a citrus fruit that a handler may handle, the marketing agreement or license must:
(1)  be under a uniform rule based on one or both of the following:
(A)  the amount of the citrus fruit or grade, variety, size, or quality of the citrus fruit that each handler has available for current shipment;  and
(B)  the amount shipped by each handler in a prior representative period, as determined by the department;  and
(2)  equitably apportion among all the handlers the total quantity of the citrus fruit or any grade, variety, size, or quality of the citrus fruit to be marketed in or transported to markets in intrastate commerce.
(c)  A marketing agreement or license may include one or more of the terms and conditions under Subsection (a) of this section, but may not include others.
Acts 1981, 67th Leg., p. 1269, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.158. Administrative Committee

Sec. 102.158.  ADMINISTRATIVE COMMITTEE.  (a)  A marketing agreement or license may authorize the department to select and define the powers and duties of one or more administrative committees to administer the program.
(b)  The department may authorize an administrative committee to:
(1)  administer the license in accordance with its terms and provisions;
(2)  adopt rules to effectuate the terms and provisions of the license;
(3)  receive, investigate, and report to the department complaints of violations of the license;
(4)  recommend to the department amendments to the license;  and
(5)  collect assessments in accordance with Section 102.159 of this code.
(c)  The department may require an administrative committee to file reports of the activities and proceedings of the committee.
Acts 1981, 67th Leg., p. 1269, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.159. Assessment

Sec. 102.159.  ASSESSMENT.  (a)  If an administrative committee is authorized to collect an assessment, for each marketing season or year in which the marketing agreement or license is effective the committee shall collect from each handler an assessment representing the handler's pro rata share of the estimated expenses incurred by the department in conducting hearings and incurred by the administrative committee in administering the agreement or license during the marketing season or year.  The department shall estimate those expenses after each administrative committee submits to the department a proposed budget.
(b)  An assessment levied under this section is a personal debt of each person assessed and is immediately due and payable to the administrative committee charged with collection.  With the approval of the department, an administrative committee may sue in its own name in a court of competent jurisdiction for the collection of an assessment.
(c)  In accordance with the rules of the department, each administrative committee charged with the collection of assessments shall collect, report, and pay monthly to the department the amount of the assessments that the department determines will be necessary to defray the department's cost of administering the marketing agreement or license during the subsequent month.
(d)  The department shall submit to each administrative committee charged with collecting assessments quarterly statements reporting the receipts and expenditures during the quarter in connection with the administration of the appropriate marketing agreement or license.
(e)  An administrative committee may expend assessments for the purposes set forth in the marketing agreement or license under which the assessment is collected.  The committee shall keep a full and complete record of those expenditures and the department is entitled to access to that record at any time.
(f)  An administrative committee shall retain custody of assessments that are not paid to the department or expended under Subsection (e) of this section.  At the close of the marketing season or year for which an assessment is collected, the committee shall return to each handler a pro rata share of assessments that are not paid to the department or expended by the committee.
Acts 1981, 67th Leg., p. 1270, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.160. Approval by Producers and Handlers

Sec. 102.160.  APPROVAL BY PRODUCERS AND HANDLERS.  (a)  A license may not be issued until:
(1)  assented to in writing by:
(A)  51 percent of the total number of handlers of the citrus fruit;  or
(B)  the handlers of at least 51 percent of the total volume of the citrus fruit covered by the license;  and
(2)  the department determines that the issuance of the license is approved by:
(A)  66-2/3 percent of the producers who, during a representative period determined by the department, have been engaged in the production of the citrus fruit in commercial quantities in the area covered by the license;  or
(B)  the producers who, during the representative period, produced for market at least 66-2/3 percent of the volume of the citrus fruit produced for market in the area covered by the license.
(b)  In determining the representative period under Subsection (a)(2) of this section, the department may select the crop season prior to the holding of a hearing on the issuance of the license or any other period that the department determines to be representative.
(c)  In determining the approval of producers under Subsection (a)(2) of this section, the department shall determine the approval or disapproval of the producers in respect to the issuance of any license or order or any term or condition of a license or order.  The department shall consider the approval or disapproval of any cooperative association of producers that is engaged in marketing the citrus fruit for producers or is rendering service to or advancing the interest of those producers as the approval or disapproval of the producers who are members of, stockholders in, or under contract with the association.  Approval by an association may be executed in the name of the association and is not required to set forth the names of the producers represented by the association.
Acts 1981, 67th Leg., p. 1270, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.161. Uniform Licenses

Sec. 102.161.  UNIFORM LICENSES.  If a license is issued under this subchapter, the department shall issue an identical license to each handler, processor, or distributor of the same class.
Acts 1981, 67th Leg., p. 1271, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.162. Fees

Sec. 102.162.  FEES.  Each person applying for a marketing agreement or license shall submit to the department a filing fee, as provided by department rule, and a deposit in an amount that the department considers sufficient and necessary to defray the expenses of preparing and making effective the marketing agreement or license.
Acts 1981, 67th Leg., p. 1271, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.49, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.163. Amendment of Marketing Agreement or License

Sec. 102.163.  AMENDMENT OF MARKETING AGREEMENT OR LICENSE.  (a)  If the department has reason to believe that an amendment of a marketing agreement or license is necessary or desirable to achieve the policy of this subchapter, the department shall conduct a hearing on the proposed amendment in the manner provided for the original hearing on execution of the agreement or issuance of the license.
(b)  Notice of a hearing under this section must refer to the marketing agreement to be amended by name and date of execution and must refer to the license to be amended by name and date of adoption.
(c)  The department may adopt an amendment under this section if it finds that the proposed amendment:
(1)  will not prevent the marketing agreement or license from meeting the requirements of Section 102.156 of this code;  and
(2)  will tend to facilitate the administration of the marketing agreement or license or will enable the marketing agreement or license to better meet the requirements of Section 102.156 of this code.
(d)  A marketing agreement or license is not affected by a negative department finding under Subsection (c) of this section.
(e)  In considering an amendment under this section, the department shall consider the evidence presented at the original hearing or a hearing on a previously proposed amendment.
(f)  An amendment under this section is not effective until approved by the handlers and producers in the manner provided by Section 102.160 of this code.
Acts 1981, 67th Leg., p. 1271, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.164. Suspension or Termination of Marketing Agreement or License

Sec. 102.164.  SUSPENSION OR TERMINATION OF MARKETING AGREEMENT OR LICENSE.  (a)  The department shall suspend for a specified period or terminate the operation of a marketing agreement, a license, or a provision of a marketing agreement or license if the department finds:
(1)  following investigation, that the agreement, license, or provision obstructs or does not tend to effectuate the policy of this subchapter;  or
(2)  that termination of the agreement, license, or provision is favored by a majority of the producers who, during a representative period determined by the department:
(A)  have been engaged in the production of the citrus fruit in the area covered by the agreement or license;  and
(B)  produced more than 66-2/3 percent of the volume of the citrus fruit that was produced for market within the area of the state covered by this subchapter or was produced within the area of this state covered by this subchapter for market elsewhere.
(b)  Termination of a marketing agreement, a license, or a provision of a marketing agreement or license is effective only if announced on or before the end of the current marketing period specified in the agreement or license.
Acts 1981, 67th Leg., p. 1272, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.165. Suspension or Revocation of Individual License

Sec. 102.165.  SUSPENSION OR REVOCATION OF INDIVIDUAL LICENSE.  After notice and opportunity for a hearing, the department may suspend or revoke the license of any person who violates a provision of the license.
Acts 1981, 67th Leg., p. 1272, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.166. Records

Sec. 102.166.  RECORDS.  (a)  Each person subject to a marketing agreement or license shall:
(1)  maintain records reflecting the person's operation under the agreement or license;
(2)  permit the department to inspect those records;  and
(3)  furnish to the department information requested by the department relating to the person's operations under the agreement or license.
(b)  Except as otherwise provided by this subsection, information obtained under this section is confidential and may not be disclosed to any person.  The information may be disclosed to a person with a similar right to obtain the information or to an attorney employed by an administrative committee to give legal advice on the information.  In addition, the information may be disclosed in response to a court order.
Acts 1981, 67th Leg., p. 1272, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.167. Powers and Duties of the Department

Sec. 102.167.  POWERS AND DUTIES OF THE DEPARTMENT.  (a)  The department may adopt rules and issue orders as necessary or desirable to carry out this subchapter.
(b)  The department may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of relevant books, records, or documents.  A person may not be excused from attending and testifying or from producing documentary evidence before the department in obedience to a subpoena on the ground that the testimony or evidence required may tend to incriminate the person or subject the person to a penalty or forfeiture.  An individual may not be prosecuted or subjected to any penalty or forfeiture because of any transaction, matter, or thing concerning which the person is required to testify or produce evidence before the department in obedience to a subpoena.  An individual so testifying is not exempt from prosecution and punishment for perjury committed in that testimony.
(c)  The department may permit an administrative committee to use the various employees or officers of the department in carrying out this subchapter or a marketing agreement or license under this subchapter.
(d)  The department may confer and cooperate with the authority of another state or the United States in order to secure uniformity in the administration of federal and state marketing agreements, standards, licenses, orders, or rules.  The department may conduct hearings jointly with the United States Department of Agriculture.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.
(f)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 446, Sec. 4(2), eff. June 14, 2013.
Acts 1981, 67th Leg., p. 1272, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 446 (S.B. 772), Sec. 4(2), eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 2, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.168. Enforcement by Civil Suit

Sec. 102.168.  ENFORCEMENT BY CIVIL SUIT.  (a)  The state or, with the approval of the department, an administrative committee may sue a person who:
(1)  wilfully exceeds any quota, allotment, or salable percentage fixed for the person under a license issued or rule adopted by the department;
(2)  makes a shipment without first obtaining a required allotment or quota or qualifying to ship the person's salable percentage;  or
(3)  knowingly participates or aids in activities under Subdivision (1) or (2) of this subsection.
(b)  If successful in a suit under Subsection (a) of this section, the state or administrative committee is entitled to recover an amount equal to three times the current market value of the citrus fruit excess or the citrus fruit shipment, as applicable.  Funds recovered in a suit under this section shall be used in the administration of the license involved in the suit.
Acts 1981, 67th Leg., p. 1273, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.169. Injunction

Sec. 102.169.  INJUNCTION.  The attorney general or a district or county attorney on the attorney's own initiative may, or in response to a complaint shall, investigate violations of this subchapter.  If the attorney believes that a violation has occurred, the attorney may sue in the name of the state for an injunction against a person who:
(1)  is violating a provision of a marketing agreement, a license, or an order or rule of the department to which the person is subject;  or
(2)  engages in transactions mentioned in and regulated by a license during suspension or after revocation of the person's license.
Acts 1981, 67th Leg., p. 1273, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.170. Attorney's Fees; Venue; Cumulative Remedies

Sec. 102.170.  ATTORNEY'S FEES;  VENUE;  CUMULATIVE REMEDIES.  (a)  In an action brought under Section 102.168 or 102.169 of this code, the judgment, if in favor of the plaintiff, shall provide that the defendant pay to the plaintiff a reasonable attorney's fee and all costs of suit.  An action under those sections may be brought in the county where the defendant resides or where the act, omission, or part of the act or omission occurred.
(b)  The remedies and penalties of this subchapter are cumulative and action or prosecution under a section of this subchapter does not prohibit action or prosecution under another section of this subchapter or any other civil or criminal law.
Acts 1981, 67th Leg., p. 1274, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.171. Penalty

Sec. 102.171.  PENALTY.  (a)  A person commits an offense if the person:
(1)  violates a provision of a marketing agreement or license to which the person is subject;  or
(2)  engages in a transaction mentioned in and regulated by a license to which the person is subject during the suspension or after the revocation of the person's license.
(b)  An offense under this section is a Class B misdemeanor.
(c)  A person commits a separate offense for each day during which the person acts under Subsection (a) of this section.
Acts 1981, 67th Leg., p. 1274, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 120, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 102 - Handling and Marketing of Citrus Fruit › Subchapter C. Citrus Marketing Agreements and Licenses › Section 102.172. Conflict With Antitrust Law

Sec. 102.172.  CONFLICT WITH ANTITRUST LAW.  If any provision of this subchapter conflicts with a provision of the civil or criminal antitrust law of this state, the antitrust law prevails.
Acts 1981, 67th Leg., p. 1274, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.001. Definitions

Sec. 103.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Produce Recovery Fund Board.
(2)  "Fund" means the produce recovery fund.
Acts 1981, 67th Leg., p. 1274, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.002. Fund

Sec. 103.002.  FUND.  (a)  The produce recovery fund is a special trust fund with the comptroller administered by the department, without appropriation, for the payment of claims against license holders, retailers, and persons required to be licensed under Chapter 101.
(b)  Fees collected under Section 101.008 or 103.011 and 50 percent of the fines collected under Section 101.020 or 103.013 shall be deposited in the fund.
(c)  The clerk of the county court or county court-at-law and the custodian of the county treasury funds shall keep separate records of all fines collected under Section 101.020 or 103.013. On the first day of each January, April, July, and October, the custodian of the funds in the county treasury shall remit 50 percent of the fines collected under those sections to the comptroller of public accounts and the comptroller shall deposit that amount in the fund.
(d)  No more than 10 percent of the fund may be expended during any one year for administration of the claims process.
(e)  Interest or other income from investment of the fund shall be deposited to the credit of the fund.
Acts 1981, 67th Leg., p. 1275, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 986, ch. 235, art. 1, Sec. 2(b), eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 917, Sec. 11, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1423, Sec. 2.11, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 358, Sec. 20, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.21, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.003. Board

Sec. 103.003.  BOARD.  (a)  The Produce Recovery Fund Board is composed of five members appointed by the commissioner.  Two members must be producers, one must be a license holder licensed under Chapter 101, and two must be members of the general public.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 4.09(2), eff. September 1, 2009.
(c)  Members of the board serve for staggered terms of six years with the term of office expiring on January 31 of odd-numbered years.
(d)  Members of the board are entitled to per diem and reimbursement for actual expenses incurred while carrying out their duties.
(e)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(f)  The commissioner shall designate a member of the board as the chairman of the board to serve in that capacity at the pleasure of the commissioner.
(g)  The board is subject to Chapter 551, Government Code, and Chapter 2001, Government Code.
Acts 1981, 67th Leg., p. 1275, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 987, ch. 235, art. 1, Sec. 2(c), eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 917, Sec. 12, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 419, Sec. 1.21, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 358, Sec. 21, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1170, Sec. 35.01, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.06, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.09(2), eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.004. Duties of the Board

Sec. 103.004.  DUTIES OF THE BOARD.  (a)  The board shall:
(1)  advise the department on all matters relating to the fund, including the fund's budget and the revenues necessary to accomplish the purposes of the fund;
(2)  advise the department in the adoption of rules relating to the payment of claims from the fund and to the administration of the fund;  and
(3)  conduct adjudicative hearings on disputed claims presented for payment from the fund.
(b)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
(c)  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and the staff of the department.
Acts 1981, 67th Leg., p. 1275, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 1.22, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.005. Initiation of Claim

Sec. 103.005.  INITIATION OF CLAIM.  (a)  A person who deals with a license holder or a person required to be licensed under Chapter 101 in the purchasing, handling, selling, and accounting for sales of perishable commodities and who is aggrieved by an action of the license holder or person required to be licensed as a result of a violation of terms or conditions of a contract made by the license holder or person required to be licensed for the sale of Texas-grown produce may initiate a claim against the fund by filing with the department:
(1)  a sworn complaint against the license holder or person required to be licensed; and
(2)  a filing fee, as provided by department rule.
(b)  A complaint and the fee under Subsection (a) must be filed on or before the second anniversary of the date that payment was due, or recovery from the fund is barred.
Acts 1981, 67th Leg., p. 1275, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 917, Sec. 13, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 269, Sec. 15, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 2.50, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 358, Sec. 22, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 196, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.22, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.0055. Bankruptcy of Merchant or Retailer

Sec. 103.0055.  BANKRUPTCY OF MERCHANT OR RETAILER.  For purposes of this chapter, the amount due an aggrieved party by a license holder or a person required to be licensed is not affected by a final judgment of a bankruptcy court that releases the license holder or person required to be licensed from the legal duty to satisfy the claim.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 121, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 269, Sec. 16, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.23, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.006. Investigation; Hearing on Claim

Sec. 103.006.  INVESTIGATION;  HEARING ON CLAIM.  (a)  After a claim is initiated, the department shall investigate the complaint and determine the amount due the aggrieved party.  If the amount determined by the department is disputed by the license holder, a person required to be licensed, or the aggrieved party, the board shall conduct a hearing on the claim and determine the amount due the aggrieved party.
(b)  A quorum of the board must be present in order to conduct a hearing.  The board shall conduct the hearing and a party not satisfied with the decision of the board may appeal in the manner provided for contested cases under Chapter 2001, Government Code.
(c)  A hearing on a claim may be conducted at any department district office.
Acts 1981, 67th Leg., p. 1276, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 987, ch. 235, art. 1, Sec. 2(d), eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 917, Sec. 14, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 269, Sec. 17, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 3.24, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.24, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.007. Payment of Claim

Sec. 103.007.  PAYMENT OF CLAIM.  (a)  If the amount determined by the department's investigation to be due the aggrieved party is not disputed by the license holder, a person required to be licensed, or the aggrieved party, the department shall pay the claim within the limits prescribed by this chapter.
(b)  If a hearing is held on a disputed amount, the department shall pay to the aggrieved party the amount determined by the board, within the limits prescribed by this chapter.
Acts 1981, 67th Leg., p. 1276, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 917, Sec. 15, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 269, Sec. 18, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.25, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.008. Limits on Claim Payments

Sec. 103.008.  LIMITS ON CLAIM PAYMENTS.  (a)  In making payments from the fund the department may pay the aggrieved party the full value of their validated claim, subject to Subsections (b) and (d).
(b)  The total payment of all claims arising from the same contract with a license holder or a person required to be licensed may not exceed $50,000.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 5.35(8), eff. September 1, 2009.
(d)  Payment of a claim filed against a person who is not licensed in violation of Chapter 101 shall be limited to 80 percent of the recovery prescribed under this section.
(e)  Payments from the fund during a fiscal year may not exceed two times the average amount of money deposited into the fund during the previous three fiscal years, except that surplus funds remaining at the end of each fiscal year are available for the payment of claims during any succeeding year.  In no case shall payment of claims cause the balance of the fund to fall below $100,000.
(f)  If a license holder or a person required to be licensed owes money to the produce recovery fund at the time the license holder or person required to be licensed makes a claim against the fund, the department shall offset the amount owed to the fund from the amount dispensed.
Acts 1981, 67th Leg., p. 1276, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 917, Sec. 15, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 269, Sec. 19, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 358, Sec. 23, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.26, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.35(8), eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.009. Reimbursement of Fund and Payment to Complaining Party by Licensee

Sec. 103.009.  REIMBURSEMENT OF FUND AND PAYMENT TO COMPLAINING PARTY BY LICENSEE.  (a)  If the department pays a claim against a license holder or a person required to be licensed, the license holder or person required to be licensed shall:
(1)  reimburse the fund immediately or agree in writing to reimburse the fund on a schedule to be determined by rule of the department; and
(2)  immediately pay the aggrieved party any amount due that party or agree in writing to pay the aggrieved party on a schedule to be determined by rule of the department.
(b)  Payments made to the fund or to the aggrieved party under this section shall include interest at the rate of eight percent a year.
(c)  If the license holder or person required to be licensed does not reimburse the fund or pay the aggrieved party, or does not agree to do so, in accordance with this section, the department shall issue an order canceling the license and may not issue a new license to or renew the license of that person for four years from the date of cancellation.  If the license holder or person required to be licensed is a corporation, an officer or director of the corporation or a person owning more than 25 percent of the stock in the corporation may not be licensed under Chapter 101 during the four-year period in which the corporation is ineligible for licensing.
(d)  Subsections (a) and (b) do not apply to a license holder or a person required to be licensed who is released by a final judgment of a bankruptcy court from the legal duty to satisfy the claim paid by the department.
(e)  The amount to be reimbursed under this section shall be one and one-half times the amount of the claim paid if the person required to reimburse the department was not licensed on the date on which the transaction forming the base of the claim occurred.
Acts 1981, 67th Leg., p. 1276, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 917, Sec. 15, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 230, Sec. 122, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 269, Sec. 20, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 358, Sec. 24, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.27, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.010. Subrogation of Rights

Sec. 103.010.  SUBROGATION OF RIGHTS.  If the department pays a claim against a license holder or a person required to be licensed, the department is subrogated to all rights of the aggrieved party against the license holder or person required to be licensed to the extent of the amount paid to the aggrieved party.
Acts 1981, 67th Leg., p. 1277, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 917, Sec. 15, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 269, Sec. 21, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.28, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.011. Fee

Sec. 103.011.  FEE.  (a)  Except as otherwise provided by this section, a license holder licensed under Chapter 101 shall pay an annual fee to the fund as provided by department rule.
(b)  A person registered as a marketing association organized under Chapter 52 that handles citrus fruit only for its members is exempt from payment of the fee under this section.
(c)  The fee required by Subsection (a) is in addition to any licensing fee paid and is due at the time of making the license application.  The department may not issue a license to a person who fails to pay the fee.
Acts 1981, 67th Leg., p. 1277, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 269, Sec. 22, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 2.51, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 358, Sec. 25, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.29, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.012. Rules

Sec. 103.012.  RULES.  With the advice of the board, the department shall adopt rules, consistent with this chapter, for the payment of claims from the fund.
Acts 1981, 67th Leg., p. 1277, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.013. Penalty for Failure to Pay Fee

Sec. 103.013.  PENALTY FOR FAILURE TO PAY FEE.  (a)  A person commits an offense if the person acts or assumes to act as a license holder under Chapter 101 without first paying the annual fee required by Section 103.011.
(b)  An offense under this section is a Class B misdemeanor.
(c)  A person commits a separate offense for each day the person acts in violation of this section.
Acts 1981, 67th Leg., p. 1277, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 987, ch. 235, art. 1, Sec. 2(e), eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 917, Sec. 16, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 269, Sec. 23, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 358, Sec. 26, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.30, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.014. Penalty for False Claims

Sec. 103.014.  PENALTY FOR FALSE CLAIMS.  (a)  A person commits an offense if, with intent to obtain a benefit for himself or to harm another, he:
(1)  institutes a claim under this chapter in which he knows he has no interest;  or
(2)  institutes any suit or claim under this chapter that he knows is false.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 987, ch. 235, art. 1, Sec. 2(f), eff. Sept. 1, 1983.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.015. Civil Penalty; Injunction

Sec. 103.015.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty not to exceed $500 for each violation.  Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.
(b)  On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.
(c)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the General Revenue Fund.  All civil penalties recovered in suits first instituted by a local government or governments under this section shall be equally divided between the State of Texas and the local government or governments with 50 percent of the recovery to be paid to the General Revenue Fund and the other 50 percent equally to the local government or governments first instituting the suit.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this chapter or a rule adopted under this chapter.  On request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or is occurring shall file suit for the injunctive relief.  Venue is in the county in which the alleged violation is threatened or is occurring.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 123, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.016. Board Conflict of Interest

Sec. 103.016.  BOARD CONFLICT OF INTEREST.  (a)  An officer, employee, or paid consultant of a Texas trade association in the field of agriculture may not be a member of the board.
(b)  A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of agriculture may not be a member of the board.
(c)  For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(d)  A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.23, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle D - Handling and Marketing of Horticultural Products › Chapter 103 - Produce Recovery Fund › Section 103.017. Removal of Board Member

Sec. 103.017.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground for removal from the board if a member:
(1)  does not have at the time of appointment the qualifications required by Section 103.003;
(2)  does not maintain during service on the board the qualifications required by Section 103.003;
(3)  violates a prohibition established by Section 103.016;
(4)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed;  or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 4.09(2), eff. September 1, 2009.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.23, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.09(2), eff. September 1, 2009.