SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 41.001 - Policy
It is in the interest of the public welfare of the State of Texas that the producers of any agricultural commodity be permitted and encouraged...
SUBCHAPTER B CERTIFICATION OF ORGANIZATIONS TO CONDUCT REFERENDUM AND ELECTION
- Texas Section 41.002 - Definitions
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...
- Texas Section 41.011 - Petition For Certification
(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...
SUBCHAPTER C REFERENDA AND ELECTIONS
- Texas Section 41.012 - Certification By Commissioner
(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...
- Texas Section 41.021 - Certified Organization To Conduct Referendum And Election
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...
- Texas Section 41.022 - Rules Of Commissioner
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...
- Texas Section 41.023 - Notice Of Referendum And Election
(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...
- Texas Section 41.024 - Basis Of Referendum And Election; Eligible Voters
(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...
- Texas Section 41.025 - Candidates For Board; Write-in Votes
(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...
- Texas Section 41.026 - Preparation And Distribution Of Ballot
(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...
- Texas Section 41.027 - Expenses Of Election
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...
- Texas Section 41.028 - Exemptions For Producers
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...
- Texas Section 41.029 - Void Ballots
(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...
- Texas Section 41.030 - Findings Of Commissioner
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...
- Texas Section 41.031 - Certification Of Results
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...
- Texas Section 41.032 - Subsequent Board Elections
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...
- Texas Section 41.033 - Election Of Board From Districts
(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...
SUBCHAPTER D ORGANIZATION, POWERS, AND DUTIES OF BOARDS
- Texas Section 41.034 - Elections To Add New Territory
(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...
- Texas Section 41.051 - Board Established
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...
- Texas Section 41.052 - State Agency
(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...
- Texas Section 41.053 - Organizational Meeting; Terms Of Office
(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...
- Texas Section 41.054 - Officers; Bond
(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...
- Texas Section 41.055 - Vacancy
The board shall fill any vacancy on the board by appointment for the unexpired term. Acts 1981, 67th Leg., p. 1087, ch. 388, Sec. 1,...
- Texas Section 41.056 - Majority Vote Requirement
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....
- Texas Section 41.057 - Compensation
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...
- Texas Section 41.058 - Powers And Duties
(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...
- Texas Section 41.059 - Budget; Annual Report; Audits
(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...
SUBCHAPTER E ASSESSMENTS
- Texas Section 41.060 - Depository Bank; Expenditure Of Funds
(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...
- Texas Section 41.081 - Collection Of Assessment
(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,...
- Texas Section 41.082 - Producer Exemption
(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...
- Texas Section 41.083 - Producer Refunds
(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...
- Texas Section 41.084 - Increase Of Assessment
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...
SUBCHAPTER F REMEDIES AND PENALTIES
- Texas Section 41.085 - Discontinuance Of Assessment
(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...
- Texas Section 41.101 - Failure To Remit Assessment
(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...
- Texas Section 41.1011 - Action By Department
(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...
- Texas Section 41.102 - Suspension Or Revocation Of License
In addition to other remedies provided by law, a violation of any provision of Subchapter B, C, D, E, H, or I is grounds for...
- Texas Section 41.103 - General Penalty
(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...
SUBCHAPTER G SUSPENSION OF ACTIVITIES OF CERTAIN BOARDS
- Texas Section 41.104 - Use Of Funds For Political Activity
(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)...
- Texas Section 41.125 - Inactive Status
(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...
- Texas Section 41.126 - Powers And Duties
(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...
SUBCHAPTER H TEXAS BEEF MARKETING, EDUCATION, RESEARCH, AND PROMOTION
- Texas Section 41.127 - Reactivation
(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...
- Texas Section 41.151 - Definitions
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...
- Texas Section 41.152 - Declaration Of Policy
(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...
- Texas Section 41.153 - Administrative Costs
The department may recover costs for administration of this subchapter. Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 25.03, eff. Jan. 11,
- Texas Section 41.154 - Annual Report
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...
- Texas Section 41.155 - Conflict With General Commodity Law Provisions
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...
- Texas Section 41.156 - Council Members
Sec. 41.156. COUNCIL MEMBERS. (a) A member of the council must be: (1) nominated by the entity qualified to collect the proceeds of and administer...
- Texas Section 41.1565 - Meetings By Telephone Conference Call
(a) Notwithstanding Chapter 551, Government Code, the council or a committee established by the council may hold an open or closed meeting by telephone conference...
- Texas Section 41.157 - General Powers Of Council
The council may take action or exercise other authority as necessary to execute any act authorized by this chapter or the Texas Nonprofit Corporation Law...
- Texas Section 41.1571 - State Beef Check Off Program
The council may establish and operate a state beef check off program that is separate from the beef check off program established by federal law....
- Texas Section 41.158 - Donations
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,...
- Texas Section 41.159 - Borrowing
The council may borrow money on approval of the commissioner. Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 25.03, eff. Jan. 11,
- Texas Section 41.160 - Assessments; Applicability Of Other Law
(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...
- Texas Section 41.161 - Financial Oversight
(a) The commissioner shall annually review and approve the council's operating budget for the funds collected under this subchapter. (b) The commissioner and the state...
- Texas Section 41.162 - Conduct Of Referendum; Balloting
(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...
- Texas Section 41.163 - Rules
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;...
SUBCHAPTER I TEXAS GRAIN PRODUCER INDEMNITY BOARD
- Texas Section 41.164 - Penalties
(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...
- Texas Section 41.201 - Definitions
In this subchapter: (1) "Board" means the Texas Grain Producer Indemnity Board. (2) "Claim initiation date" means the earliest date on which a grain buyer:...
- Texas Section 41.202 - Declaration Of Policy
(a) The legislature intends for the board to indemnify grain producers for economic hardships in the event that a grain buyer is unable to pay...
- Texas Section 41.203 - Conflict With General Commodity Law Provisions
To the extent that this subchapter conflicts with other provisions of this chapter, this subchapter prevails. Added by Acts 2011, 82nd Leg., R.S., Ch. 991...
- Texas Section 41.2035 - Fund
(a) The grain producer indemnity fund is a trust fund outside the state treasury to be held and administered by the board, without appropriation, for...
- Texas Section 41.204 - Board
(a) The board is composed of: (1) one representative of each of the following organizations or their successor organizations who is recommended to the commissioner...
- Texas Section 41.205 - Powers And Duties Of Board
(a) The board shall meet at least quarterly to: (1) review expenses of the board, claims made to the board by grain producers, and amounts...
- Texas Section 41.206 - Collection Of Assessment
(a) Except as provided by this subsection, a grain buyer shall collect assessments in the manner prescribed for processors under Section 41.081. The assessment shall...
- Texas Section 41.207 - Assessments; Applicability Of Other Law
(a) An assessment levied on grain producers shall be applied by the board to efforts relating to the indemnification of grain producers in this state,...
- Texas Section 41.208 - Initiation Of Claim
(a) A grain producer who has delivered grain to a grain buyer may initiate a claim with the board as provided by board rule if:...
- Texas Section 41.209 - Payment Of Claim
(a) After a claim is initiated by a grain producer under Section 41.208, the board may take any action necessary to: (1) investigate the grain...
- Texas Section 41.210 - Reimbursement Of Board By Grain Buyer; Subrogation Of Rights; Reinsurance
(a) If the board pays a claim against a grain buyer, the board is subrogated to the extent of the amount paid to a grain...
- Texas Section 41.211 - Rules
Except as provided by Section 41.212, the board may adopt rules as necessary to implement this subchapter, including rules relating to: (1) notice and collection...
- Texas Section 41.212 - Referendum; Balloting
(a) The commissioner shall conduct a referendum of grain producers to determine the maximum amount that may be assessed to a grain producer under Section...
- Texas Section 41.213 - Notice Of Referendum
(a) The commissioner shall give public notice of: (1) the date, hours, and polling places for voting in the referendum conducted under Section 41.212; (2)...
- Texas Section 41.2145 - Refund Of Assessments
(a) A grain producer who has paid an assessment under Section 41.206 may be eligible for a refund from excess money in the indemnity fund...
- Texas Section 41.215 - Annual Report
(a) The board shall submit a report to the commissioner annually that contains a summary of the board's activities and a review of the board's...
- Texas Section 41.216 - Administrative Review
(a) The board by rule shall establish an administrative review process to informally review and resolve claims arising from an action of the board under...