Title AG, Agriculture Code

Sec. 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 is approved, the council shall recommend to the commissione…

Sec. 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 auditor at any time may inspect the financial records of the council. Added by…

Sec. 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 in the last 12 months before the date of the referendum is eligible to v…

Sec. 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; (2) fidelity bonds required for certain council employees; (3) conflicts of interest; (4) penalti…

Sec. 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 Class C misdemeanor. Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 25.03, eff. Jan. 11, 2004. SUBCHAPTER I. …

Sec. 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: (A) files for federal bankruptcy protection; (B) becomes the subject of an involuntary bankruptcy …

Sec. 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 the grain producer for the grain producer's grain. (b) The board shall be the certified organization …

Sec. 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 (H.B. 1840), Sec. 3, eff. September 1, 2011.

Sec. 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 the payment of claims against a grain buyer who has experienced a financial failure. (b) The board shall depos…

Sec. 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 by the board of directors of the organization and appointed by the commissioner: (A) the Corn Pr…

Sec. 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 paid on claims by the board; (2) coordinate all matters relating to the board, including the board's…

Sec. 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 be collected at the first point of sale. Section 41.081(b) does not apply t…

Sec. 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, including administrative costs of conducting an assessment referendum. (b) …

Sec. 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: (1) the grain buyer has suffered a financial failure and: (A) has failed to pay to a grain producer an amount owed to …

Sec. 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 producer's claim; and (2) determine the amount due to the grain producer within the limit prescribed by Su…

Sec. 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 producer by the board to all rights of the grain producer against the g…

Sec. 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 of assessments; (2) the orderly distribution of refunds; (3) the management of the board's budget;…

Sec. 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 41.206. (b) Only a grain producer who has sold grain to a grain buyer in the 36 months pre…

Sec. 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) the estimated amount of the assessment proposed to be collected, as determined by the boar…

Sec. 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 as provided by this section. (b) As a part of the annual budget proposal procedure described by Section 4…

Sec. 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 effectiveness. (b) The board shall post the report online on the board's Internet website. Added by Acts 2011…

Sec. 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 this subchapter. The board shall adopt rules: (1) designating which board actions are subje…