Sec. 103.002. FUND. (a) The produce recovery fund is a special trust fund with the comptroller administered by the department, without appropriation, for the payment of claims against license holders, retailers, and persons required to be licensed under Chapter 101.
(b) Fees collected under Section 101.008 or 103.011 and 50 percent of the fines collected under Section 101.020 or 103.013 shall be deposited in the fund.
(c) The clerk of the county court or county court-at-law and the custodian of the county treasury funds shall keep separate records of all fines collected under Section 101.020 or 103.013. On the first day of each January, April, July, and October, the custodian of the funds in the county treasury shall remit 50 percent of the fines collected under those sections to the comptroller of public accounts and the comptroller shall deposit that amount in the fund.
(d) No more than 10 percent of the fund may be expended during any one year for administration of the claims process.
(e) Interest or other income from investment of the fund shall be deposited to the credit of the fund.
Acts 1981, 67th Leg., p. 1275, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 986, ch. 235, art. 1, Sec. 2(b), eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 917, Sec. 11, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1423, Sec. 2.11, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 358, Sec. 20, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.21, 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 103 - Produce Recovery Fund
Section 103.004. Duties of the Board
Section 103.005. Initiation of Claim
Section 103.0055. Bankruptcy of Merchant or Retailer
Section 103.006. Investigation; Hearing on Claim
Section 103.007. Payment of Claim
Section 103.008. Limits on Claim Payments
Section 103.009. Reimbursement of Fund and Payment to Complaining Party by Licensee
Section 103.010. Subrogation of Rights
Section 103.013. Penalty for Failure to Pay Fee
Section 103.014. Penalty for False Claims
Section 103.015. Civil Penalty; Injunction
Section 103.016. Board Conflict of Interest
Section 103.017. Removal of Board Member