Agriculture Code § 103.006
After a claim is initiated, the department must investigate it and determine the amount due. If that amount is disputed, the board must hold a hearing and decide the amount due.
- Administrative procedure
- Claims
- Hearings
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After a claim is initiated, the department must investigate it and determine the amount due. If that amount is disputed, the board must hold a hearing and decide the amount due.
The department must pay a claim, either when the investigated amount is undisputed or when a hearing leads to a board-determined amount.
The department may pay validated claims from the fund, but payments are capped by several limits and can be reduced by offsets.
If the department pays a claim, the license holder or person required to be licensed must reimburse the fund and pay the aggrieved party, with 8% annual interest.
If the department pays a claim, it steps into the aggrieved party’s rights against the license holder or person required to be licensed, up to the amount paid.
Most Chapter 101 license holders must pay an annual fee when applying for the license, but certain citrus-only marketing associations are exempt.
The department must adopt rules, with advice from the board, for paying claims from the fund.
A person commits an offense if they act as a license holder under Chapter 101 without first paying the annual fee required by Section 103.011.
A person commits an offense by making a false claim or a claim with no interest under this chapter, if done to gain a benefit or harm another.
A violator may owe up to $500 for each violation, and the department can seek injunctive relief.
Certain trade association officers, employees, consultants, their spouses, and some lobbyists may not serve on the board, and one definition of “Texas trade association” is provided.
This section lists grounds for removing a board member, including missing required qualifications, losing qualifications during service, violating Section 103.016, being unable to perform duties because of illness or disability, or missing more than half of eligible board meetings in a calendar year unless the absence
The commissioner or the commissioner's designee must provide board members information about office qualifications and duties under standards-of-conduct laws, as often as necessary.
A board member must complete at least one training course before assuming duties.
This section defines key contract terms used in the chapter, including acreage contract, producer, purchaser, and quantity contract.
Contracts between a producer and a purchaser for an agricultural product must clearly state on the face of the contract whether it is an acreage contract or a quantity contract.
A purchaser generally may not sue a producer under an acreage contract.
The Department of Agriculture is directed by the commissioner of agriculture.
The department headquarters are in Austin.
The Department of Agriculture is subject to the Texas Sunset Act and, unless continued under that law, is set to be abolished on September 1, 2035.
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