CHAPTER 101. HANDLING AND MARKETING OF PERISHABLE COMMODITIES
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE D. HANDLING AND MARKETING OF HORTICULTURAL PRODUCTS
CHAPTER 101. HANDLING AND MARKETING OF PERISHABLE COMMODITIES
Sec. 101.001. DEFINITIONS. In this chapter:
(1) "Handle" means buy for resale, sell, offer to sell, process,
broker, or ship for the purpose of selling.
(2) "Packer" means a person who prepares or packs perishable
commodities for barter, sale, exchange, or shipment.
(3) "Perishable commodity" means fresh produce grown in Texas
and generally considered a perishable vegetable or fruit.
(4) "Person" means an individual, partnership, group of persons,
corporation, or business unit.
(5) "Producer" means a person who is engaged in the business of
growing or producing any perishable commodity.
(6) "Warehouseman" means a person who receives and stores
perishable commodities for compensation.
Acts 1981, 67th Leg., p. 1251, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1999, 76th Leg., ch. 358, Sec. 2, eff.
Sept. 1, 1999.
Sec. 101.002. PERISHABLE COMMODITIES. (a) This chapter applies
to perishable commodities, whether or not packed in ice or held
in cold storage, and does not apply to perishable commodities
that have been manufactured into an article of food of a
different kind or character.
(b) For purposes of this section, the effects of the following
operations do not change a perishable commodity into an article
of food of a different kind or character: freezing; water or
steam blanching; shelling; chopping; adding color; curing;
cutting; dicing; drying for the removal of surface moisture;
fumigating; gassing; heating for necessary control; ripening;
coloring; removal of seeds, pits, stems, calyxes, husks, pods,
rinds, skins, peels, or similar items; trimming; washing with or
without chemicals; waxing; adding sugar or other sweetening
agents; adding ascorbic acids or other agents used to retard
oxidation; mixing with several kinds of sliced, chopped, or diced
perishable commodities for packaging in any type of container; or
any comparable method of preparation.
Acts 1981, 67th Leg., p. 1252, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1995, 74th Leg., ch. 269, Sec. 1, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 358, Sec. 3, eff. Sept.
1, 1999.
Sec. 101.003. LICENSE REQUIRED. (a) Except as otherwise
provided by this section, a person may not handle perishable
commodities, as owner, agent, or otherwise, without a license or
an identification card issued by the department.
(b) This section does not apply to:
(1) a retailer, unless the retailer:
(A) has annual sales of perishable commodities that comprise 50
percent or more of the retailer's total sales; or
(B) employs a buying agent who buys directly from a producer;
(2) a producer who handles or deals exclusively in the
producer's own products;
(3) a person shipping less than six standard boxes of citrus
fruit in any one separate shipment;
(4) a person who ships a noncommercial shipment of perishable
commodities; or
(5) a person who purchases perishable commodities and pays for
the perishable commodities in United States currency before or at
the time of delivery or taking possession.
(c) A person who purchases perishable commodities without a
license, as owner, agent, or otherwise, does not violate this
section if the person obtains a license not later than the 30th
day after the date the person first purchases perishable
commodities.
Acts 1981, 67th Leg., p. 1252, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 917, Sec. 1, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 269, Sec. 2, eff. Sept.
1, 1995; Acts 1999, 76th Leg., ch. 358, Sec. 4, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.10, eff. September 1, 2009.
Sec. 101.004. LICENSE OR REGISTRATION CATEGORIES. A person
shall apply for a license if the person:
(1) purchases perishable commodities on credit;
(2) takes possession of perishable commodities for consignment
or handling on behalf of the producer or owner of the perishable
commodities; or
(3) takes possession of perishable commodities for consignment
or handling in a manner or under a contract that does not require
or result in payment to the producer, seller, or consignor of the
full amount of the purchase price in United States currency at
the time of delivery or at the time that the perishable
commodities pass from the producer, seller, or consignor to the
person.
Acts 1981, 67th Leg., p. 1252, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 917, Sec. 2, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 269, Sec. 3, eff. Sept.
1, 1995; Acts 1999, 76th Leg., ch. 358, Sec. 5, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.11, eff. September 1, 2009.
Sec. 101.005. APPLICATION FOR LICENSE. (a) A person required
under Section 101.003 of this code to be licensed or registered
shall apply to the department on a form furnished by the
department. The applicant shall provide the following information
and certify that the information provided is true and correct:
(1) the full name of the applicant and whether the applicant is
an individual, partnership, corporation, exchange, or
association;
(2) the full name and address of the principal business office
of the applicant;
(3) the address of the applicant's principal business office in
this state;
(4) if the applicant is a foreign corporation, the state in
which the corporation is chartered and the name and address of a
registered agent in this state for service of legal process; and
(5) the length of time that the applicant has been engaged in
business in this state.
(b) In addition to providing the information under Subsection
(a) of this section, each applicant shall answer the following
questions on the application:
(1) "Have you previously been licensed by this state or the
United States Department of Agriculture (USDA) to handle
perishable commodities?"
(2) "If you answered that you have been previously licensed, has
any license issued to you by this state or the USDA ever been
suspended or revoked?"
(3) "If you have answered that a license issued to you by this
state or by the USDA has been suspended or revoked, when, where,
and for what reason was the license suspended or revoked?"
(c) An applicant's failure to truthfully and accurately provide
the information required by Subsections (a) and (b) is a
violation for purposes of administrative penalty action and may
result in denial of an application.
Acts 1981, 67th Leg., p. 1253, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 917, Sec. 2, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 269, Sec. 4, eff. Sept.
1, 1995; Acts 1999, 76th Leg., ch. 358, Sec. 6, eff. Sept. 1,
1999.
Sec. 101.006. LICENSE FEE. (a) Except as otherwise provided by
this section, a person applying for a license shall include with
the license application a refundable license fee, as provided by
department rule.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec.
5.35(7), eff. September 1, 2009.
Acts 1981, 67th Leg., p. 1253, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1983, 68th Leg., p. 995, ch. 235, art. 1,
Sec. 8, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4284, ch.
682, Sec. 6, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 917,
Sec. 2, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 269, Sec.
5, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 2.43,
eff. Sept. 1, 1995; Acts 1999, ch. 358, Sec. 7, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.35(7), eff. September 1, 2009.
Sec. 101.007. ISSUANCE OR REFUSAL OF LICENSE. (a) Except as
otherwise provided by this section, the department shall issue a
license to an applicant who:
(1) tenders an application;
(2) pays the license fee, if required; and
(3) pays the appropriate fee to the produce recovery fund under
Chapter 103 of this code, if required.
(b) If a previous license of the applicant has been or is
suspended or has been revoked, the department may not issue or
renew a license to the applicant until the department is
furnished with satisfactory proof that the applicant is, on the
date of application, qualified to receive the license for which
the applicant applied as provided by department rule.
(c) The department may refuse to issue or renew a license under
this section if the department determines that a license
previously issued to the applicant was revoked or suspended or
that the applicant has engaged in conduct for which a license
could have been revoked or suspended. In determining whether to
refuse to issue or renew a license under this section, the
department may consider:
(1) the facts and circumstances pertaining to a prior suspension
or revocation;
(2) the financial condition of the applicant as of the date of
the application;
(3) any judgment by a court of this state that is outstanding
against the applicant and is due and owing to a licensee, grower,
or producer of perishable commodities; and
(4) any certified claim against the applicant by a licensee,
grower, or producer of perishable commodities that is under
consideration by the department.
(d) Before refusing an application for a license under this
section, a hearing shall be conducted under Section 12.032 on the
license application, and the applicant may appeal the decision in
the manner provided for contested cases under Chapter 2001,
Government Code.
(e) Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(13),
eff. Sept. 1, 1995.
Acts 1981, 67th Leg., p. 1253, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 739, Sec. 1, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.20,
10.09(13), eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 358,
Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.12, eff. September 1, 2009.
Sec. 101.008. TERM AND RENEWAL OF LICENSE. (a) A license
expires one year from the date of issuance.
(b) A license may be renewed by completion of a renewal
application form and the payment of the license fee provided for
issuance of the original license.
(c) To renew a license after the license has expired, the
applicant must pay a late fee, as provided by Section 12.024 of
this code.
Acts 1981, 67th Leg., p. 1254, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 917, Sec. 3, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 419, Sec. 2.44, eff.
Sept. 1, 1995.
Sec. 101.009. LICENSEE LIST. The department may publish as
often as it considers necessary a list in pamphlet form or on the
department's Internet website of all persons licensed under this
chapter.
Acts 1981, 67th Leg., p. 1254, ch. 388, Sec. 1, eff. Sept. 1,
1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.13, eff. September 1, 2009.
Sec. 101.010. TRANSPORTING AGENT OR BUYING AGENT IDENTIFICATION
CARD. (a) In accordance with the rules of the department, a
license holder may apply to the department for a reasonable
number of identification cards for:
(1) transporting agents to act for the license holder in the
transporting of perishable commodities; and
(2) buying agents to act for the license holder in any act
requiring licensing under Section 101.003 of this code.
(b) The department shall collect a fee, as provided by
department rule, for each card and shall issue transporting agent
cards in a color different from buying agent cards.
(c) An identification card must bear:
(1) the name of the licensee;
(2) the number of the licensee's license;
(3) the name of the agent; and
(4) a statement that the licensee, as principal, has authorized
the agent named on the card to act for and on behalf of the
licensee, either as buying agent or transporting agent, as
applicable.
(d) A buying agent or transporting agent shall carry the
identification card on the agent's person at all times. On demand
of the department or any person with whom the agent is
transacting business, the agent shall display the identification
card.
(e) If the holder of an identification card ceases to be the
agent of the licensee, the agent shall immediately return the
card to the department for cancellation.
Acts 1981, 67th Leg., p. 1254, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 239, Sec. 67, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 917, Sec. 4, eff. Sept.
1, 1985; Acts 1995, 74th Leg., ch. 269, Sec. 6, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 419, Sec. 2.45, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 358, Sec. 9, eff. Sept. 1, 1999.
Sec. 101.011. LICENSE OR IDENTIFICATION CARD NOT ASSIGNABLE. A
license or identification card is not assignable.
Acts 1981, 67th Leg., p. 1255, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1999, 76th Leg., ch. 358, Sec. 10, eff.
Sept. 1, 1999.
Sec. 101.012. REVOCATION, MODIFICATION, OR SUSPENSION OF LICENSE
OR IDENTIFICATION CARD. (a) The department shall revoke,
modify, or suspend a license or identification card, assess an
administrative penalty, place on probation a person whose license
or identification card has been suspended, or reprimand a
licensee or the transporting or buying agent of a licensee for a
violation of this chapter or a rule adopted by the department
under this chapter.
(b) If a suspension of a license or identification card is
probated, the department may require the person to:
(1) report regularly to the department on matters that are the
basis of the probation;
(2) limit practice to the areas prescribed by the department; or
(3) continue or renew professional education until the person
attains a degree of skill satisfactory to the department in those
areas that are the basis of the probation.
(c) If the department proposes to revoke, modify, or suspend a
person's license or identification card, the person is entitled
to a hearing conducted under Section 12.032. The decision is
appealable in the same manner as provided for contested cases
under Chapter 2001, Government Code.
Acts 1981, 67th Leg., p. 1255, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 112, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.21, eff.
Sept. 1, 1995.
Sec. 101.013. PAYMENT OF PURCHASE PRICE ON DEMAND. (a) If a
licensee or a person required to be licensed causes a producer,
seller, or owner, or an agent of a producer, seller, or owner, to
part with control or possession of all or any part of the
person's perishable commodities and agrees by contract of
purchase to pay the purchase price on demand following delivery,
the licensee or person required to be licensed shall make payment
immediately on demand.
(b) If a person makes demand for the purchase price in writing,
the mailing of a registered letter that makes the demand and is
addressed to the licensee or person required to be licensed at
their business address is prima facie evidence that demand was
made at the time the letter was mailed.
(c) If the producer, seller, owner, or agent waives the right to
payment of purchase price on demand, the contract for the
handling, purchase, or sale of the perishable commodities must be
in writing. The parties shall prepare the contract in duplicate
and set out in the contract the full details of the transaction.
If the contract does not specify the time and manner of
settlement, the licensee shall pay the full amount called for by
the contract directly to the producer, seller, owner, or agent
before the 31st day following the day of delivery of the
perishable commodities into the licensee's control.
Acts 1981, 67th Leg., p. 1255, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1999, 76th Leg., ch. 358, Sec. 11, eff.
Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.14, eff. September 1, 2009.
Sec. 101.014. COMMISSION OR SERVICE CHARGE IN CONTRACT. If a
licensee or a person required to be licensed handles perishable
commodities by guaranteeing a producer or owner a minimum price
and handles the perishable commodities on the account of the
producer or owner, the licensee or person required to be licensed
shall include in the contract with the producer or owner the
maximum amount that the licensee or person required to be
licensed will charge for commission, service, or both, in
connection with the perishable commodities handled.
Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1999, 76th Leg., ch. 358, Sec. 12, eff.
Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.15, eff. September 1, 2009.
Sec. 101.015. SETTLEMENT ON GRADE AND QUALITY. (a) Except as
otherwise provided by this section, a licensee or a person
required to be licensed shall settle with the producer or seller
of perishable commodities on the basis of the grade and quality
that is referred to in the contract under which the licensee or
person required to be licensed obtained possession or control of
the perishable commodities.
(b) If the perishable commodities have been inspected by a state
or federal inspector in this state and found to be of a different
grade or quality than that referred to in the contract, the
licensee or person required to be licensed shall settle with the
producer or seller of the perishable commodities on the basis of
the grade and quality determined by the inspector.
(c) This section does not prevent parties, instead of an
inspection, from agreeing in writing that the grade or quality of
the perishable commodities were different from that referred to
in the contract.
(d) Failure of a licensee to settle with a producer or seller on
grade and quality in the manner provided by this section is a
ground for revocation of the licensee's license.
Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1999, 76th Leg., ch. 358, Sec. 13, eff.
Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.16, eff. September 1, 2009.
Sec. 101.0151. BUYING OR SELLING BY WEIGHT. A licensee or a
person required to be licensed who buys or sells perishable
commodities by weight shall weigh or have the perishable
commodities weighed on scales that meet state requirements.
Added by Acts 1999, 76th Leg., ch. 358, Sec. 14, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.17, eff. September 1, 2009.
Sec. 101.016. RECORDS OF PURCHASE. (a) A licensee or a person
required to be licensed or a packer, processor, or warehouseman
may not receive or handle perishable commodities without
requiring the person from whom the perishable commodities are
purchased or received to furnish a statement in writing showing:
(1) the owner of the perishable commodities;
(2) the grower of the perishable commodities;
(3) the approximate location of the land on which the perishable
commodities were grown;
(4) the date the perishable commodities were gathered; and
(5) by whose authority the perishable commodities were gathered.
(b) The licensee or person required to be licensed, packer,
processor, or warehouseman shall keep records of statements
furnished under Subsection (a) in a permanent book or folder for
a minimum of three years from the date of the transaction and
shall make the records available for inspection by any interested
party.
(c) The licensee or person required to be licensed, packer,
handler, or warehouseman shall:
(1) prepare a receipt detailing the quantity of perishable
commodities received from the producer or owner at the time of
receipt of the commodities; and
(2) on request, provide the receipt to the producer or owner.
(d) The department periodically may investigate licensees,
persons required to be licensed, or persons alleged to be selling
or purchasing perishable commodities in violation of this chapter
and, without notice, may require evidence of purchase of any
perishable commodities in a person's possession or past
possession.
Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1999, 76th Leg., ch. 358, Sec. 15, eff.
Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.18, eff. September 1, 2009.
Sec. 101.017. RECORD OF SALE. (a) Except for a retailer, a
licensee or a person required to be licensed shall maintain for
each sale a complete and accurate record showing:
(1) the date of sale of the perishable commodities;
(2) the person to whom the perishable commodities were sold;
(3) the grade and selling price of the perishable commodities;
and
(4) an itemized statement of expenses of any kind or character
incurred in the sale or handling of the perishable commodities,
including the amount of the commission to the licensee or person
required to be licensed.
(b) On demand of the department or of an owner, seller, or agent
of the owner or seller, the licensee or person required to be
licensed shall furnish the information demanded before the 11th
day following the date of demand.
(c) A licensee or a person required to be licensed shall
maintain the information required to be kept by this section for
at least three years after the date of sale.
Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1999, 76th Leg., ch. 358, Sec. 16, eff.
Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.19, eff. September 1, 2009.
Sec. 101.018. DEPARTMENT ENFORCEMENT. (a) For the purpose of
enforcing this chapter, the department shall, on its own
initiative or on receipt of a verified complaint, investigate all
alleged violations of this chapter.
(b) For the purpose of conducting an investigation under this
section, the department is entitled to free and unimpeded access
at all times to all books, records, buildings, yards, warehouses,
storage facilities, transportation facilities, and other
facilities or places in which perishable commodities are kept,
stored, handled, processed, or transported.
(c) The department is entitled to examine any portion of the
ledger, books, accounts, memoranda, documents, scales, measures,
or other matters, objects, or persons relating to a violation
under investigation.
(d) Failure to provide access to records for purposes of
examination, as required by Subsections (b) and (c), is a
violation for purposes of assessment of administrative penalties.
(e) Repealed by Acts 1989, 71st Leg., ch. 230, Sec. 131(4), eff.
Sept. 1, 1989.
Acts 1981, 67th Leg., p. 1257, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 131(3), (4),
eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 358, Sec. 17, eff.
Sept. 1, 1999.
Sec. 101.0185. CIVIL PENALTY; INJUNCTION. (a) A person who
violates this chapter or a rule adopted under this chapter 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 chapter or a rule adopted
under this chapter. 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.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 113, eff. Sept. 1,
1989.
Sec. 101.019. VENUE OF CIVIL OR CRIMINAL ACTION. The venue of a
civil action or criminal prosecution instituted under this
chapter is in the county in which the violation occurred, is
occurring, or is threatened or in which the perishable
commodities were received by the licensee, packer, or
warehouseman.
Acts 1981, 67th Leg., p. 1257, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 114, eff.
Sept. 1, 1989; Acts 1999, 76th Leg., ch. 358, Sec. 18, eff. Sept.
1, 1999.
Sec. 101.020. PENALTIES. (a) A person commits an offense if
the person:
(1) acts in violation of Section 101.003 by not obtaining a
license or registration or after receiving notice of cancellation
of a license or registration;
(2) acts or assumes to act as a transporting agent or buying
agent:
(A) without first obtaining an identification card; or
(B) after receiving notice of cancellation of an identification
card;
(3) as a transporting agent or buying agent, fails and refuses
to turn over to the department an identification card in
accordance with Section 101.010(e);
(4) as a license holder or a person required to be licensed,
fails to furnish information under Section 101.017 before the
11th day following the date of demand;
(5) as a license holder or a person required to be licensed,
fails to settle with a producer or seller on the grade and
quality of perishable commodities in the manner provided by
Section 101.015;
(6) as a license holder or a person required to be licensed,
transporting agent, or buying agent, violates a provision of this
chapter;
(7) as a license holder or a person required to be licensed,
buys or sells perishable commodities by weight and does not have
the perishable commodities weighed on scales that meet state
requirements;
(8) fails to prepare and maintain records required by Sections
101.016, 101.017, and 101.018; or
(9) fails to provide records as required by Sections 101.016 and
101.018.
(b) An offense under this section is a misdemeanor punishable by
a fine of not more than $500.
(c) A person commits a separate offense for each day the person
acts in violation of Section 101.003 of this code without first
obtaining a license or violates Subsection (a)(2) or (a)(3) of
this section.
Acts 1981, 67th Leg., p. 1257, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 917, Sec. 5, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 269, Sec. 7, eff. Sept.
1, 1995; Acts 1999, 76th Leg., ch. 358, Sec. 19, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.20, eff. September 1, 2009.
Sec. 101.021. CONFLICT WITH ANTITRUST LAWS. This chapter does
not affect the application of Chapter 15, Business & Commerce
Code. If any provision of this chapter is held to conflict with
that chapter, the entire chapter is void.
Acts 1981, 67th Leg., p. 1258, ch. 388, Sec. 1, eff. Sept. 1,
1981.