CHAPTER 102. HANDLING AND MARKETING OF CITRUS FRUIT
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE D. HANDLING AND MARKETING OF HORTICULTURAL PRODUCTS
CHAPTER 102. HANDLING AND MARKETING OF CITRUS FRUIT
SUBCHAPTER B. TRANSPORTATION OF CITRUS FRUIT
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 118, eff.
Sept. 1, 1989.
Sec. 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, Sec. 119, eff. Sept. 1,
1989.
SUBCHAPTER C. CITRUS MARKETING AGREEMENTS AND LICENSES
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.49, eff.
Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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 66-2/3 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.
Sec. 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, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 120, eff.
Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1,
1981.