AGRICULTURE CODE
CHAPTER 102. HANDLING AND MARKETING OF CITRUS FRUIT
SUBCHAPTER B. TRANSPORTATION OF CITRUS FRUIT
§ 102.101. IDENTIFICATION SIGNS. (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 of this
state must be identified by signs showing:
(1) the name of the person who owns the vehicle; or
(2) the name of the person who leases or operates the
vehicle.
(b) If a person licensed under Subchapter A of this chapter
is the owner or operator of the vehicle, each identification sign
must also show "Licensed Citrus Fruit Dealer" under the name of the
person.
(c) The lettering on each identification sign must be at
least three inches in height.
(d) An identification sign must appear on both sides of the
vehicle or on both the front and the rear and must be affixed
permanently or in another manner in which it may not easily be
removed. If both a tractor and a trailer or two units are used in
hauling the citrus fruit, both the tractor and the trailer or both
units must be labeled with identification signs in the manner
required by this subsection.
Acts 1981, 67th Leg., p. 1266, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.102. CERTIFICATE. 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 or in open containers for
commercial purposes on the highways of this state shall, when
operating the vehicle, have on his or her person a certificate or
other document showing:
(1) the approximate amount of citrus fruit being
hauled;
(2) the name of the owner of the citrus fruit; and
(3) the origin of the citrus fruit.
Acts 1981, 67th Leg., p. 1266, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.103. EXCEPTION. 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 producer of the citrus fruit
operating the producer's vehicle or by an employee of the producer
operating a vehicle owned by the producer.
Acts 1981, 67th Leg., p. 1266, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.104. PENALTY. (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 Section 102.101 of this
code; or
(2) operates a motor vehicle or motor vehicle and
trailer without a certificate or document required by Section
102.102 of this code.
(b) An offense under this section is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1266, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 118, eff. Sept. 1,
1989.
§ 102.1045. CIVIL PENALTY; INJUNCTION. (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 exceed
$500 for each violation. Each day a violation continues may be
considered a separate violation for purposes of a civil penalty
assessment.
(b) On request of the department, the attorney general or
the county attorney or district attorney of the county in which the
violation is alleged to have occurred shall file suit to collect the
penalty.
(c) A civil penalty collected under this section shall be
deposited in the state treasury to the credit of the General Revenue
Fund. All civil penalties recovered in suits first instituted by a
local government or governments under this section shall be equally
divided between the State of Texas and the local government or
governments with 50 percent of the recovery to be paid to the
General Revenue Fund and the other 50 percent equally to the local
government or governments first instituting the suit.
(d) The department is entitled to appropriate injunctive
relief to prevent or abate a violation of this subchapter or a rule
adopted under this subchapter. On request of the department, the
attorney general or the county or district attorney of the county in
which the alleged violation is threatened or is occurring shall
file suit for the injunctive relief. Venue is in the county in
which the alleged violation is threatened or is occurring.
Added by Acts 1989, 71st Leg., ch. 230, § 119, eff. Sept. 1,
1989.
SUBCHAPTER C. CITRUS MARKETING AGREEMENTS AND LICENSES
§ 102.151. POLICY. 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
are reasonably necessary to supply the demands of the market, are
not in the public interest. The difficulty inherent in an attempt
of individuals to correlate within a reasonable degree the citrus
production to current demand creates chaotic economic conditions in
the citrus areas of the state of such severity as to imperil the
ability of citrus producers to contribute in appropriate amounts to
the support of ordinary governmental and educational functions,
thus tending to increase the tax burden of other taxpayers for the
same purposes, and renders it impossible for producers to be
reasonably assured of an adequate standard of living for themselves
and their families. In the interest of the public welfare and
general prosperity of the state, the unreasonable waste and
inefficient use of citrus resources involved in the marketing of
citrus fruit in this state should be eliminated, while at the same
time preserving to citrus producers in the area covered by this
subchapter an equality of opportunity.
Acts 1981, 67th Leg., p. 1267, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.152. DEFINITIONS. 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 fruit to be packed or shipped in intrastate
commerce.
(3) "Intrastate commerce" means all commerce other
than that which is in interstate commerce or foreign commerce or
which directly burdens, obstructs, or affects interstate or foreign
commerce.
(4) "Person" means an individual, corporation, or
association.
(5) "Producer" means a person who is engaged in the
production of citrus fruit in this state for commercial purposes or
who is a substantial stockholder in a corporation engaged in the
production of citrus fruit in this state for commercial purposes.
(6) "Ship" means convey or cause to be conveyed in
intrastate commerce by rail, boat, truck, or other means, not
including parcel post or express, whether as owner, agent, or
otherwise.
(7) "Shipment" means the loading into a car or other
conveyance for transportation in intrastate commerce.
(8) "Variety" means the following classifications or
groups of citrus fruit:
(A) oranges:
(i) early season oranges; and
(ii) valencias, including Lou Gim Gongs;
(B) grapefruit:
(i) Marsh and other seedless grapefruits,
except pinks;
(ii) Duncan and other seeded grapefruits,
except pinks;
(iii) seeded pinks; and
(iv) seedless pinks; and
(C) tangerines and temple oranges grouped as one
variety.
Acts 1981, 67th Leg., p. 1267, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.153. LIMITED APPLICATION OF SUBCHAPTER. 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 federal census is not
less than 165,043. This subchapter does not apply to citrus fruit
grown in other areas of this state.
Acts 1981, 67th Leg., p. 1268, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.154. MARKETING AGREEMENTS AND LICENSES. 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,
packing, shipping, handling, or distributing of citrus fruit.
Acts 1981, 67th Leg., p. 1268, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.155. HEARING. (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 of a marketing
agreement or on the issuance of a license if the department has
reason to believe that the marketing agreement or license will tend
to effectuate the policy of this subchapter.
(b) The department shall conduct a hearing under this
section in the area subject to this subchapter and shall within a
reasonable time make the evidence and exhibits offered at the
hearing available at a central point to any interested party. The
department shall produce a transcript of the hearing and make it
available to any interested party.
Acts 1981, 67th Leg., p. 1268, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.156. FINDINGS. (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 citrus fruit available for
marketing exceeds or is likely to exceed the demand for the fruit at
prices that will provide a reasonable return to representative
producers of that fruit;
(2) the return to producers of the citrus fruit will
tend to be increased through the operation of the marketing plan;
(3) the marketing plan may be operated without
permitting unreasonable profits to producers of the citrus fruit
and without unreasonably enhancing prices of the citrus fruit to
consumers; and
(4) the marketing plan will tend to advance public
welfare and conserve the agricultural wealth of the state by
preventing threatened economic or agricultural waste and will tend
to prevent chaotic marketing of the citrus fruit.
(b) The findings of the department, and the administration
of any marketing agreement or license, shall be based on relevant
considerations, including:
(1) the quantity of the several grades, varieties, and
qualities of the citrus fruit under consideration and available for
distribution to consumers in the marketing season during which the
program is to be effective;
(2) the quantity of the several grades, varieties, and
qualities of the citrus fruit required by consumers during the
marketing season during which the program is to be effective;
(3) the cost of production of the citrus fruit;
(4) the general purchasing power of consumers of the
citrus fruits;
(5) the general level of prices of commodities that
farmers buy; and
(6) the general level of prices of other commodities
that compete with or are used as substitutes for the citrus fruit.
Acts 1981, 67th Leg., p. 1268, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.157. TERMS OF AGREEMENT OR LICENSE. (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, or quality of citrus fruit
that may be produced during one or more specified periods and
marketed in or transported to a market in intrastate commerce;
(2) allot or provide a method for allotting the amount
of citrus fruit or any grade, variety, size, or quality of citrus
fruit that each handler may market in intrastate commerce;
(3) determine or provide a method for determining the
existence and extent of a surplus of a citrus fruit or of any grade,
variety, size, or quality of a citrus fruit, provide for the control
and disposition of that surplus in a manner that does not burden or
obstruct interstate or foreign commerce, and equalize the burden of
a surplus elimination or control among the producers and handlers
of the citrus fruit;
(4) provide for administrative committees under
Section 102.158 of this code; and
(5) provide other terms or conditions incidental to
and consistent with this section.
(b) If the marketing agreement or license allots or provides
a method for allotting the amount of a citrus fruit that a handler
may handle, the marketing agreement or license must:
(1) be under a uniform rule based on one or both of the
following:
(A) the amount of the citrus fruit or grade,
variety, size, or quality of the citrus fruit that each handler has
available for current shipment; and
(B) the amount shipped by each handler in a prior
representative period, as determined by the department; and
(2) equitably apportion among all the handlers the
total quantity of the citrus fruit or any grade, variety, size, or
quality of the citrus fruit to be marketed in or transported to
markets in intrastate commerce.
(c) A marketing agreement or license may include one or more
of the terms and conditions under Subsection (a) of this section,
but may not include others.
Acts 1981, 67th Leg., p. 1269, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.158. ADMINISTRATIVE COMMITTEE. (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 administer the program.
(b) The department may authorize an administrative
committee to:
(1) administer the license in accordance with its
terms and provisions;
(2) adopt rules to effectuate the terms and provisions
of the license;
(3) receive, investigate, and report to the department
complaints of violations of the license;
(4) recommend to the department amendments to the
license; and
(5) collect assessments in accordance with Section
102.159 of this code.
(c) The department may require an administrative committee
to file reports of the activities and proceedings of the committee.
Acts 1981, 67th Leg., p. 1269, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.159. ASSESSMENT. (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 effective the committee shall collect from each handler
an assessment representing the handler's pro rata share of the
estimated expenses incurred by the department in conducting
hearings and incurred by the administrative committee in
administering the agreement or license during the marketing season
or year. The department shall estimate those expenses after each
administrative committee submits to the department a proposed
budget.
(b) An assessment levied under this section is a personal
debt of each person assessed and is immediately due and payable to
the administrative committee charged with collection. With the
approval of the department, an administrative committee may sue in
its own name in a court of competent jurisdiction for the collection
of an assessment.
(c) In accordance with the rules of the department, each
administrative committee charged with the collection of
assessments shall collect, report, and pay monthly to the
department the amount of the assessments that the department
determines will be necessary to defray the department's cost of
administering the marketing agreement or license during the
subsequent month.
(d) The department shall submit to each administrative
committee charged with collecting assessments quarterly statements
reporting the receipts and expenditures during the quarter in
connection with the administration of the appropriate marketing
agreement or license.
(e) An administrative committee may expend assessments for
the purposes set forth in the marketing agreement or license under
which the assessment is collected. The committee shall keep a full
and complete record of those expenditures and the department is
entitled to access to that record at any time.
(f) An administrative committee shall retain custody of
assessments that are not paid to the department or expended under
Subsection (e) of this section. At the close of the marketing
season or year for which an assessment is collected, the committee
shall return to each handler a pro rata share of assessments that
are not paid to the department or expended by the committee.
Acts 1981, 67th Leg., p. 1270, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.160. APPROVAL BY PRODUCERS AND HANDLERS. (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 citrus fruit; or
(B) the handlers of at least 51 percent of the
total volume of the citrus fruit covered by the license; and
(2) the department determines that the issuance of the
license is approved by:
(A) 66-2/3 percent of the producers who, during a
representative period determined by the department, have been
engaged in the production of the citrus fruit in commercial
quantities in the area covered by the license; or
(B) the producers who, during the representative
period, produced for market at least 66-2/3 percent of the volume of
the citrus fruit produced for market in the area covered by the
license.
(b) In determining the representative period under
Subsection (a)(2) of this section, the department may select the
crop season prior to the holding of a hearing on the issuance of the
license or any other period that the department determines to be
representative.
(c) In determining the approval of producers under
Subsection (a)(2) of this section, the department shall determine
the approval or disapproval of the producers in respect to the
issuance of any license or order or any term or condition of a
license or order. The department shall consider the approval or
disapproval of any cooperative association of producers that is
engaged in marketing the citrus fruit for producers or is rendering
service to or advancing the interest of those producers as the
approval or disapproval of the producers who are members of,
stockholders in, or under contract with the association. Approval
by an association may be executed in the name of the association and
is not required to set forth the names of the producers represented
by the association.
Acts 1981, 67th Leg., p. 1270, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.161. UNIFORM LICENSES. 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.
Acts 1981, 67th Leg., p. 1271, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.162. FEES. 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 in an amount that the
department considers sufficient and necessary to defray the
expenses of preparing and making effective the marketing agreement
or license.
Acts 1981, 67th Leg., p. 1271, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 2.49, eff. Sept. 1,
1995.
§ 102.163. AMENDMENT OF MARKETING AGREEMENT OR
LICENSE. (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 of this subchapter, the department
shall conduct a hearing on the proposed amendment in the manner
provided for the original hearing on execution of the agreement or
issuance of the license.
(b) Notice of a hearing under this section must refer to the
marketing agreement to be amended by name and date of execution and
must refer to the license to be amended by name and date of
adoption.
(c) The department may adopt an amendment under this section
if it finds that the proposed amendment:
(1) will not prevent the marketing agreement or
license from meeting the requirements of Section 102.156 of this
code; and
(2) will tend to facilitate the administration of the
marketing agreement or license or will enable the marketing
agreement or license to better meet the requirements of Section
102.156 of this code.
(d) A marketing agreement or license is not affected by a
negative department finding under Subsection (c) of this section.
(e) In considering an amendment under this section, the
department shall consider the evidence presented at the original
hearing or a hearing on a previously proposed amendment.
(f) An amendment under this section is not effective until
approved by the handlers and producers in the manner provided by
Section 102.160 of this code.
Acts 1981, 67th Leg., p. 1271, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.164. SUSPENSION OR TERMINATION OF MARKETING
AGREEMENT OR LICENSE. (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 agreement or
license if the department finds:
(1) following investigation, that the agreement,
license, or provision obstructs or does not tend to effectuate the
policy of this subchapter; or
(2) that termination of the agreement, license, or
provision is favored by a majority of the producers who, during a
representative period determined by the department:
(A) have been engaged in the production of the
citrus fruit in the area covered by the agreement or license; and
(B) produced more than 662/3 percent of the
volume of the citrus fruit that was produced for market within the
area of the state covered by this subchapter or was produced within
the area of this state covered by this subchapter for market
elsewhere.
(b) Termination of a marketing agreement, a license, or a
provision of a marketing agreement or license is effective only if
announced on or before the end of the current marketing period
specified in the agreement or license.
Acts 1981, 67th Leg., p. 1272, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.165. SUSPENSION OR REVOCATION OF INDIVIDUAL
LICENSE. 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.
Acts 1981, 67th Leg., p. 1272, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.166. RECORDS. (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 the department to inspect those records;
and
(3) furnish to the department information requested by
the department relating to the person's operations under the
agreement or license.
(b) Except as otherwise provided by this subsection,
information obtained under this section is confidential and may not
be disclosed to any person. The information may be disclosed to a
person with a similar right to obtain the information or to an
attorney employed by an administrative committee to give legal
advice on the information. In addition, the information may be
disclosed in response to a court order.
Acts 1981, 67th Leg., p. 1272, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.167. POWERS AND DUTIES OF THE
DEPARTMENT. (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 testimony,
administer oaths, subpoena witnesses, and issue subpoenas for the
production of relevant books, records, or documents. A person may
not be excused from attending and testifying or from producing
documentary evidence before the department in obedience to a
subpoena on the ground that the testimony or evidence required may
tend to incriminate the person or subject the person to a penalty or
forfeiture. An individual may not be prosecuted or subjected to any
penalty or forfeiture because of any transaction, matter, or thing
concerning which the person is required to testify or produce
evidence before the department in obedience to a subpoena. An
individual so testifying is not exempt from prosecution and
punishment for perjury committed in that testimony.
(c) The department may permit an administrative committee
to use the various employees or officers of the department in
carrying out this subchapter or a marketing agreement or license
under this subchapter.
(d) The department may confer and cooperate with the
authority of another state or the United States in order to secure
uniformity in the administration of federal and state marketing
agreements, standards, licenses, orders, or rules. The department
may conduct hearings jointly with the United States Department of
Agriculture.
(e) Not later than the 30th day before the first day of each
regular session of the legislature, the department shall submit to
the governor a full report of transactions under this subchapter
during the preceding biennium. The report must include a complete
statement of receipts and expenditures under this subchapter during
the biennium.
(f) At the end of each month, the department shall report to
the comptroller of public accounts, and the comptroller shall
deposit in the state treasury, all money received under this
subchapter.
Acts 1981, 67th Leg., p. 1272, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.168. ENFORCEMENT BY CIVIL SUIT. (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 salable
percentage fixed for the person under a license issued or rule
adopted by the department;
(2) makes a shipment without first obtaining a
required allotment or quota or qualifying to ship the person's
salable percentage; or
(3) knowingly participates or aids in activities under
Subdivision (1) or (2) of this subsection.
(b) If successful in a suit under Subsection (a) of this
section, the state or administrative committee is entitled to
recover an amount equal to three times the current market value of
the citrus fruit excess or the citrus fruit shipment, as
applicable. Funds recovered in a suit under this section shall be
used in the administration of the license involved in the suit.
Acts 1981, 67th Leg., p. 1273, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.169. INJUNCTION. 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 this
subchapter. If the attorney believes that a violation has
occurred, the attorney may sue in the name of the state for an
injunction against a person who:
(1) is violating a provision of a marketing agreement,
a license, or an order or rule of the department to which the person
is subject; or
(2) engages in transactions mentioned in and regulated
by a license during suspension or after revocation of the person's
license.
Acts 1981, 67th Leg., p. 1273, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.170. ATTORNEY'S FEES; VENUE; CUMULATIVE
REMEDIES. (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 defendant pay to the plaintiff a reasonable
attorney's fee and all costs of suit. An action under those
sections may be brought in the county where the defendant resides or
where the act, omission, or part of the act or omission occurred.
(b) The remedies and penalties of this subchapter are
cumulative and action or prosecution under a section of this
subchapter does not prohibit action or prosecution under another
section of this subchapter or any other civil or criminal law.
Acts 1981, 67th Leg., p. 1274, ch. 388, § 1, eff. Sept. 1, 1981.
§ 102.171. PENALTY. (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; or
(2) engages in a transaction mentioned in and
regulated by a license to which the person is subject during the
suspension or after the revocation of the person's license.
(b) An offense under this section is a Class B misdemeanor.
(c) A person commits a separate offense for each day during
which the person acts under Subsection (a) of this section.
Acts 1981, 67th Leg., p. 1274, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 120, eff. Sept. 1,
1989.
§ 102.172. CONFLICT WITH ANTITRUST LAW. 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 1981, 67th Leg., p. 1274, ch. 388, § 1, eff. Sept. 1, 1981.
