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.
Structure Texas Statutes
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
Section 101.002. Perishable Commodities
Section 101.003. License Required
Section 101.004. License or Registration Categories
Section 101.005. Application for License
Section 101.007. Issuance or Refusal of License
Section 101.008. Term and Renewal of License
Section 101.009. Licensee List
Section 101.010. Transporting Agent or Buying Agent Identification Card
Section 101.011. License or Identification Card Not Assignable
Section 101.012. Revocation, Modification, or Suspension of License or Identification Card
Section 101.013. Payment of Purchase Price on Demand
Section 101.014. Commission or Service Charge in Contract
Section 101.015. Settlement on Grade and Quality
Section 101.0151. Buying or Selling by Weight
Section 101.016. Records of Purchase
Section 101.017. Record of Sale
Section 101.018. Department Enforcement
Section 101.0185. Civil Penalty; Injunction