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 § 103.008 (2026)

Limits On Claim Payments

✓ current as of May 2026
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Sec. 103.008. LIMITS ON CLAIM PAYMENTS. (a) In making payments from the fund the department may pay the aggrieved party the full value of their validated claim, subject to Subsections (b) and (d).

(b) The total payment of all claims arising from the same contract with a license holder or a person required to be licensed may not exceed $50,000.

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 5.35(8), eff. September 1, 2009.

(d) Payment of a claim filed against a person who is not licensed in violation of Chapter 101 shall be limited to 80 percent of the recovery prescribed under this section.

(e) Payments from the fund during a fiscal year may not exceed two times the average amount of money deposited into the fund during the previous three fiscal years, except that surplus funds remaining at the end of each fiscal year are available for the payment of claims during any succeeding year. In no case shall payment of claims cause the balance of the fund to fall below $100,000.

(f) If a license holder or a person required to be licensed owes money to the produce recovery fund at the time the license holder or person required to be licensed makes a claim against the fund, the department shall offset the amount owed to the fund from the amount dispensed.

Acts 1981, 67th Leg., p. 1276, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 917, Sec. 15, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 269, Sec. 19, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 358, Sec. 23, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.26, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.35(8), 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).
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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). “Tex. Agric. Code Ann. § 103.008 (a). The total payment of a claim from the Fund may not exceed $35,000.”
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). “Tex. Agric. Code Ann. § 103.008 (a). The total payment of a claim from the Fund may not exceed $35,000.”
Pattillo Produce, Inc. v. Produce Recovery Fund Bd. & Jerry Estopy (Tex. App. 1992). “Tex. Agric. Code Ann. § 103.008 (b) (West Supp.”
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