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 (S.B. 1016), Sec. 5.14, eff. September 1, 2009.
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