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Texas Agriculture Code - Chapter 41 Commodity Producers BoardsLegal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Chapter 41 Commodity Producers Boards Sponsored LinksIt is in the interest of the public welfare of the State of Texas that the producers of any agricultural commodity be permitted and encouraged ... In this chapter: (1) "Agricultural commodity" means an agricultural, horticultural, viticultural, or vegetable product, bees and honey, planting seed, rice, livestock or livestock product, or ... (a) Any nonprofit organization authorized under the laws of this state representing the producers of an agricultural commodity may petition the commissioner for certification as ... (a) Within 30 days following the day on which a petition for certification is received, the commissioner shall hold a public hearing to consider the ... In accordance with this subchapter and the rules of the commissioner, a certified organization may conduct a referendum of the producers of an agricultural commodity ... In order to ensure efficient and honest elections and efficient canvassing and reporting of returns, the commissioner shall adopt rules regulating the form of the ... (a) The certified organization shall give public notice of: (1) the date, hours, and polling places for voting in the referendum and election; (2) the ... (a) Subject to the approval of the commissioner, the certified organization may conduct the referendum and election under this chapter either on an area or ... (a) Any producer who is eligible to vote at the referendum and election is eligible to be a member or a candidate for membership on ... (a) The certified organization shall prepare and distribute all necessary ballots in advance of the referendum and election. (b) The referendum provisions of the ballot ... The certified organization is responsible for all expenses incurred in connection with the referendum and election, but it may be reimbursed for actual and necessary ... The original referendum and subsequent biennial board elections may provide exemptions for producers within the boundaries described in the petition if the exemptions are included ... (a) In any contest of an election, a ballot is void if the voter overstated his or her volume of production by more than 10 ... On receiving the report of the returns of a referendum and election, the commissioner shall determine: (1) the number of votes cast for and against ... If the commissioner finds that two-thirds or more of those voting in the election voted in favor of the referendum proposition or that those voting ... A commodity producers board shall conduct biennial elections for the purpose of electing members to the board. The board shall give notice and hold the ... (a) In accordance with the rules of the commissioner, a certified organization or established board may provide for election of all or any number of ... (a) Producers of an agricultural commodity in an area not within the jurisdiction of a board for that commodity may petition the commissioner to authorize ... If the commissioner certifies adoption of a referendum proposition under Section 41.031 of this code, the board is established and has the powers and duties ... (a) Each board is a state agency for purposes of indemnification and is exempt from taxation in the same manner and to the same extent ... (a) On receiving certificates of election from the commissioner, the members of the commodity producers board shall meet and organize. (b) Members of the initial ... (a) The board shall elect from its number a chairman, a secretary-treasurer, and other officers that it considers necessary. (b) The secretary-treasurer shall execute a ... The board shall fill any vacancy on the board by appointment for the unexpired term. Acts 1981, 67th Leg., p. 1087, ch. 388, § 1, ... A majority vote of all members present is necessary for an action of the board to be valid. Acts 1981, 67th Leg., p. 1087, ch. ... Members of the board serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties. Acts ... (a) The board may employ necessary personnel, fix the amount and manner of their compensation, and incur other expenses that are necessary and proper to ... (a) The board shall file with the commissioner a proposed budget and may expend funds only after the commissioner has approved the budget. If after ... (a) The secretary-treasurer shall deposit all money received by the board under this chapter, including assessments, donations from persons, and grants from governmental agencies, in ... (a) The processor at a commodity process point determined by the board shall collect the assessment. Except as provided by Subsection (b) of this section, ... (a) A producer may exempt his or her product sales from assessment by filing a signed request for exemption with the processor at the time ... (a) A producer who has paid an assessment may obtain a refund of the amount paid by filing an application for refund with the secretary-treasurer ... At any biennial board election, the board may submit to the voters a proposition to increase the maximum rate of assessment. The proposition is approved ... (a) If 10 percent or more of the producers participating in the program present to the secretary-treasurer a petition calling for a referendum of the ... (a) The board may investigate conditions that relate to the prompt remittance of the assessment by any producer or processor. If the board has probable ... (a) On receipt of a complaint from the board under Section 41.101(a)(3), the department may investigate, audit, and inspect the records of the person who ... In addition to other remedies provided by law, a violation of any provision of Subchapters B-E of this chapter is grounds for suspension or revocation ... (a) A person commits an offense if the person violates any provision of Subchapters B-E of this chapter. (b) An offense under this section is ... (a) A member of a board commits an offense if the member: (1) wilfully spends or assists in spending money in violation of Section 41.060(c) ... (a) The Texas Mohair Producers Board and the Texas Pork Producers Board are inactive as provided by Section 41.126 of this code until reactivated under ... (a) A board listed in Subsection (a) of Section 41.125 of this code may not exercise any powers under this chapter after the end of ... (a) The commissioner shall order the reactivation of a board listed in Subsection (a) or (b) of Section 41.125 of this code if: (1) a ... In this subchapter: (1) "Beef products" means products produced in whole or in part from beef. The term does not include milk or products made ... (a) The legislature intends that the promotion, marketing, research, and educational efforts regarding beef and beef products under this subchapter use existing cattle industry infrastructure ... The department may recover costs for administration of this subchapter. Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 25.03, eff. Jan. 11, ... The council shall deliver to the commissioner and the appropriate oversight committee in the senate and house of representatives an annual report giving details of ... To the extent that the provisions of this subchapter conflict with other provisions of this chapter, the provisions of this subchapter prevail. Added by Acts ... (a) The board is composed of 21 members appointed by the commissioner as follows: (1) three representatives of the Texas and Southwestern Cattle Raisers Association; ... The council may take action or exercise other authority as necessary to execute any act authorized by this subchapter or the Texas Non-Profit Corporation Act ... The council may accept gifts, donations, and grants of money, including appropriated funds, from state government, federal government, local governments, private corporations, or other persons, ... The council may borrow money on approval of the commissioner. Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 25.03, eff. Jan. 11, ... (a) The commissioner, on the recommendation of the council, shall propose the maximum assessment in a referendum under Section 41.162. (b) If an assessment referendum ... (a) The commissioner shall annually review and approve the council's operating budget. (b) The commissioner and the state auditor at any time may inspect the ... (a) On the recommendation of the council, the commissioner shall conduct a referendum authorized under this subchapter. (b) Only a producer who has owned cattle ... The commissioner may adopt rules as necessary to implement this subchapter, including rules relating to: (1) the auditing of the financial records of the council; ... (a) A person who violates this subchapter or a rule adopted under this subchapter commits an offense. (b) An offense under this section is a ... Last modified: August 11, 2007 |