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119,998 statutes · page 3 of 6000
United States — Texas legislation
20 statutes shown from 119,998 source-backed records
Administrative committees must collect and handle assessments tied to marketing agreements or licenses, report and remit them monthly, keep records, and return unused amounts to handlers at the end of the season or year.
A license cannot be issued until enough handlers and producers have assented or approved it, and the department makes the required approval determination.
If a license is issued under this subchapter, the department must issue an identical license to each handler, processor, or distributor of the same class.
Applicants for a marketing agreement or license must submit a filing fee and a deposit to the department.
The department must hold a hearing before adopting a proposed amendment to a marketing agreement or license, and the amendment does not take effect until handlers and producers approve it.
The department must suspend or end a marketing agreement, license, or part of one if statutory findings are met.
The department may suspend or revoke a person’s license if the person violates a provision of the license.
People subject to a marketing agreement or license must keep records, let the department inspect them, and provide requested information about their operations.
The department may make rules, issue orders, hold hearings, issue subpoenas, and cooperate with other authorities to carry out this subchapter. People subpoenaed by the department must testify or produce evidence, cannot avoid doing so by claiming self-incrimination, and are not shielded from perjury prosecution for fa
The state, or an administrative committee with department approval, may sue people who exceed citrus quotas or ship without required allotments or quota qualifications.
The attorney general or a district or county attorney may investigate violations of this subchapter, and must do so when a complaint is made. If the attorney believes a violation occurred, the attorney may sue in the name of the state for an injunction.
In actions under Sections 102.168 or 102.169, a defendant may have to pay the plaintiff’s reasonable attorney’s fees and all court costs if the plaintiff wins.
A person commits an offense by violating a marketing agreement or license, or by doing regulated licensed transactions while the license is suspended or revoked.
If this subchapter conflicts with Texas civil or criminal antitrust law, the antitrust law controls.
This section defines “Board” and “Fund” for this chapter.
The provision creates the produce recovery fund and requires certain fee and fine money to be deposited into it, with some county and comptroller recordkeeping and remittance duties.
The commissioner appoints the five-member Produce Recovery Fund Board, including required producer, license-holder, and public members.
The board must advise the department, help with rules for fund claims and administration, hold hearings on disputed claims, and adopt public-participation and role-separation policies.
A qualifying person may start a claim against the fund by filing a sworn complaint and fee with the department.
A bankruptcy discharge does not change the amount owed to an aggrieved party by a license holder or a person required to be licensed under this chapter.
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