Texas Codes

Tex. Agric. Code § 64.002 (2026)

Requirement Of Arbitration

✓ current as of May 2026

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Sec. 64.002. REQUIREMENT OF ARBITRATION. (a) When a purchaser of seed designed for planting claims to have been damaged by the failure of the seed to produce or perform as represented by warranty or by the label required to be attached to the seed under this subtitle or as a result of negligence, the purchaser must submit the claim to arbitration as provided by this chapter not later than the 10th day after the date on which the purchaser discovered or reasonably should have discovered the defect as a prerequisite to the exercise of the purchaser's right to maintain a legal action against the labeler or any other seller of the seed.

(b) Any period of limitations that applies to the claim shall be tolled until the 11th day after the date of filing with the commissioner of the report of arbitration by the board of arbitration.

(c) A claim of damages due to the failure of the seed as described by Subsection (a) of this section may not be asserted as a counterclaim or defense in any action brought by a seller against a purchaser until the purchaser has submitted a claim to arbitration.

(d) When the court in which an action has been filed by a seller of seed described by Subsection (c) of this section receives from the purchaser a copy of the purchaser's complaint filed in arbitration, accompanied by a written notice of intention to use the claim as a counterclaim or defense in the action, the seller's action shall be stayed. Any period of limitations that applies to the claim is suspended until the 11th day after the date of filing with the commissioner of the report of arbitration by the board of arbitration.

Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990. Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 2, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 543, Sec. 1, eff. Sept. 1, 2003.

Notes of Decisions

Cited in 6 cases, 2000–2015 · leading case: Helena Chem. Co. v. Wilkins, 47 S.W.3d 486 (Tex. 2001).

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Helena Chem. Co. v. Wilkins, 47 S.W.3d 486 (Tex. 2001). · cites it 4× “” Tex. Agric. Code § 64.002 (emphasis added).”

Helena Chem. Co. v. Wilkins, 18 S.W.3d 744 (Tex. App. 2000). · cites it 6× “TEX. AGRIC. CODE ANN. § 64.002 (Vernon 1995) (emphasis added).”

in Re Michael N. Blair, 408 S.W.3d 843 (Tex. 2013). “3d at 492 (although Texas Seed Arbitration Act made arbitration a condition precedent to filing suit, the context of the statute demonstrated that failure to file arbitration “within the time necessary to permit effective inspection of the plants under field conditions” did not…”

City of Plainview Texas, William Mull, in His Off. Capacity as Chief of Police of the City of Plainview Police Dep't, & Ken Coughlin, Capacity as Chief of Police of the City of Plainview Police Dep't v. Korey Ferguson (Tex. Crim. App. 2015). · cites it 2× “Only TEX. AGRIC. CODE § 64.002(a) (emphasis added).”

City Nat'l Bank of Sulphur Springs v. John Alexander Smith (Tex. App. 2015). · cites it 2× “A jury found for the Wilkins on the different theories TEX. AGRIC. CODE ANN. § 64.002 (Vernon 1995) of recovery, except on the question of fraud and whether (emphasis added).”

Entergy Texas, Inc.// Off. of Pub. Util. Couns. & Pub. Util. Comm'n of Texas v. Pub. Util. Comm'n of Texas & Texas Indus. Energy Consumers// Off. of Pub. Util. Couns. & Entergy Texas, Inc. (Tex. App. 2015). “risdiction over the Wilkinses' *492 claims because the Act requires that all defective-seed claims first be TEX. AGRIC. CODE § 64.002(a) (emphasis timely submitted to nonbinding arbitration so the added).”

— Tex. Agric. Code § 64.002(a) — 3 cases

Helena Chem. Co. v. Wilkins, 47 S.W.3d 486 (Tex. 2001). “” Tex. Agric. Code § 64.002 (emphasis added).”

City of Plainview Texas, William Mull, in His Off. Capacity as Chief of Police of the City of Plainview Police Dep't, & Ken Coughlin, Capacity as Chief of Police of the City of Plainview Police Dep't v. Korey Ferguson (Tex. Crim. App. 2015). “Only TEX. AGRIC. CODE § 64.002(a) (emphasis added).”

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