Texas Attorney General Opinion: WW-584 Page: 1 of 12
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THE AvrI'ORNEY GENERAL
OF TEXAS
AUSTIN 11. TXAS
WILL WILASON
ATTORNEY Y GENEiRAL April 2, 1959
April 2,, 1959
Honorable Truett Latimer Opinion No. WW-584
Chairman
Agriculture Committee Re: Constitutionality of H.B.
House of Representatives 174, 56th Leg., relating
Austin, Texas to producers of peanuts
acting jointly with the
Commissioner of Agricul-
ture in promoting the
production and use of
Dear Sir: peanuts,
In your recent letter you have advised us that
the House Agriculture Committee, 56th Legislature, has
referred House Bill 174 to this office for an opinion re-
garding its constitutionality.
House Bill 174 authorizes the Commissioner of
Agriculture to certify an association recommended by the
Southwestern Peanut Growers Association to conduct a State-
wide referendum among commercial producers of peanuts. An
annual assessment of One DollJar ($1) per net ton of peanuts
marketed by such producers is to be levied against such pro-
ducers, if as many as two-thirds (2/3) of those voting in
such referendum favor the levy.
The annual assessment is to be continued until at
least ten per cent (10%) of the members of the association
call for another referendum, and at such subsequent referen-
dum a certain percentage vote to discontinue the assessment.
We note here that the bill is not clear on the
matter of what circumstances are required in order to dis-
continue the assessments, the last sentence of Section 12
in the proposed legislation providing as follows:
If such a partition 'sic' is
presented to the said board, then theboard
shall conduct a subsequent referendum in the
same manner as outlined above and future as-
sessments will be made only two-thirds or
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-584, text, April 2, 1959; (https://texashistory.unt.edu/ark:/67531/metapth267196/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.