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 (S.B. 1016), Sec. 5.20, 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