Tex. Codes » Agriculture Code · TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · SUBTITLE D. HANDLING AND MARKETING OF HORTICULTURAL PRODUCTS · CHAPTER 103. PRODUCE RECOVERY FUND
Texas Codes

Tex. Agric. Code § 103.005 (2026)

Initiation Of Claim

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 103.005. INITIATION OF CLAIM. (a) A person who deals with a license holder or a person required to be licensed under Chapter 101 in the purchasing, handling, selling, and accounting for sales of perishable commodities and who is aggrieved by an action of the license holder or person required to be licensed as a result of a violation of terms or conditions of a contract made by the license holder or person required to be licensed for the sale of Texas-grown produce may initiate a claim against the fund by filing with the department:

(1) a sworn complaint against the license holder or person required to be licensed; and

(2) a filing fee, as provided by department rule.

(b) A complaint and the fee under Subsection (a) must be filed on or before the second anniversary of the date that payment was due, or recovery from the fund is barred.

Acts 1981, 67th Leg., p. 1275, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 917, Sec. 13, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 269, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 2.50, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 358, Sec. 22, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 196, Sec. 5, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.22, eff. September 1, 2009.

Notes of Decisions
Cited in 3 cases, 1992–2004 · leading case: McManus-Wyatt Produce Co., Inc., D/B/A McManus-Wyatt Produce Mktg. Co., Inc. v. Texas Dep't of Agric. Produce Recovery Fund Bd. Eddy Carnes Carnes Farms, Inc. & Allen Carnes (Tex. App. 2004).
Sort: Relevance Newest Treatment
McManus-Wyatt Produce Co., Inc., D/B/A McManus-Wyatt Produce Mktg. Co., Inc. v. Texas Dep't of Agric. Produce Recovery Fund Bd. Eddy Carnes Carnes Farms, Inc. & Allen Carnes (Tex. App. 2004). “See Tex. Agric. Code Ann. §§ 103.005 -.008 (West Supp.”
McManus-Wyatt Produce Co., Inc., D/B/A McManus-Wyatt Produce Mktg. Co., Inc. v. Texas Dep't of Agric. Produce Recovery Fund Bd. Eddy Carnes Carnes Farms, Inc. & Allen Carnes (Tex. App. 2004). “See Tex. Agric. Code Ann. §§ 103.005 -.008 (West Supp.”
Pattillo Produce, Inc. v. Produce Recovery Fund Bd. & Jerry Estopy (Tex. App. 1992). “Tex. Agric. Code Ann. § 103.005 (West Supp.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.