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Texas Agriculture Code - Chapter 102 Handling And Marketing Of Citrus FruitLegal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Chapter 102 Handling And Marketing Of Citrus Fruit (a) A motor vehicle, including a truck or tractor, that hauls citrus fruit in bulk or in open containers for commercial purposes on the highways ... A person who operates a motor vehicle, including a truck or tractor, or a motor vehicle and a trailer for hauling citrus fruit in bulk ... This subchapter does not apply to citrus fruit being hauled from the farm or grove to market or the place of first processing by the ... (a) A person commits an offense if the person: (1) operates a motor vehicle or a motor vehicle and trailer not identified in accordance with ... (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty not to ... The unreasonable waste and inefficient use of the citrus resources, caused by the marketing within this state of greater quantities of fresh citrus fruit than ... In this subchapter: (1) "Citrus fruit" means grapefruit, oranges, and tangerines. (2) "Handler" means a person who packs or ships citrus fruit or causes citrus ... This subchapter applies only to areas of three citrus fruit producing counties whose boundaries are contiguous and whose aggregate population according to the last preceding ... In accordance with this subchapter, the department may execute marketing agreements and issue licenses to persons engaged in intrastate commerce transactions in the marketing, processing, ... (a) On its own motion or on application of a producer or handler of citrus fruit, the department may conduct a hearing on the execution ... (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 ... (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, ... (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 ... (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 ... (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 ... 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. ... 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 ... (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 ... (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 ... 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. ... (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 ... (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 ... (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 ... 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 ... (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 ... (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; ... 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 ... Last modified: August 10, 2007 |