Texas Attorney General Opinion: WW-584 Page: 2 of 12
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Honorable Truett Latimer, page 2 (WW-584)
more of the producers eligible to participate
in such referendum and voting therein shall
vote in the affirmative." (Emphasis ours.)
We assume that the error is typographical and
will be corrected before final enactment of the legislation.
House Bill 174 provides that the Commissioner of
Agriculture shall upon request of the certified association
following a vote in the referendum favoring the assessment
notify all purchasers of the product that on and after a cer-
tain date the assessments shall be deducted by the purchaser
or his agent from the purchase price of such product. The
assessment so deducted is to be remitted by the purchaser to
the Commissioner on or before the 20th day of the month fol-
lowing such deduction. The CommXisioner of Agriculture is
to pay ninety-five per cent (95%) of the assessments to the
certified association or organization by the end of the month.
Inspection of the purchaser's books and records
by the Commissioner is authorized by the bill. On all sums
so remitted to the Commissioner he is entitled to deduct
five per cent (5%) for administration of the act. These
amounts deducted by the Commissioner are to be paid into the
State Treasury and are by the act appropriated for the use
of the Commissioner in carrying out the provisions of the
act,
With the exception of the five per cent (5%) noted
above, the bill does not authorize the deposit of the assess-
ments in the State Treasury, but provides only that they
shall be received by the Commissioner of Agriculture and
by him remitted to the certified association or organization.
Under the bill any producer who is dissatisfied
with the assessment may demand and receive from the treas-
urer of said association a refund if the demand is made in
writing within thirty (30) days from the date on which the
assessment is collected from the producer.
The proposed statute indicates that the porton
of the assessments in excess of the fJve per cent (5%) to
be deducted by the Commissioner is to be used for the pur-
pose of financing or contributing toward the financing of
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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/m1/2/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.