The Laws of Texas, 1934-1935 [Volume 29] Page: 68 of 2,086

58 GENERAL AND SPECIAL LAWS.
SEC. 3. Any representative group engaged in the milk industry,
in any county having a population in excess of three
hundred and fifty thousand (350,000) according to the last preceding
Federal Census, may submit to the Board hereinafter
authorized a code or agreement of fair competition and trade
practices. In each county of the above mentioned class, a local
Milk Industry Board of five (5) members shall be elected as
follows: two (2) members of the Board shall be elected by the
contracting producers; two (2) by the contracting distributors;
and the fifth member, to represent the consumers, shall be
elected by the other four (4). Such fifth member shall be a
resident of the sales area and shall have no connection financially
or otherwise with the distribution of milk or products
derived therefrom. The fifth member shall be designated by
the Commissioner in the event such member is not elected
within five (5) days of the effective date of this agreement by
the four (4) members as above provided.
Members representing the contracting producers and contracting
distributors, respectively, shall be elected by the respective
parties in a manner to be determined by themselves,
provided that a vote of producers representing not less than
seventy per cent (70%) of the total volume of milk produced
within the production area, for distribution as fluid milk during
the calendar month next preceding such election which volume
percentage of production shall include fifty-one per cent (51%)
of the producers, and a vote of distributors representing not
less than seventy per cent (70%) of the milk sold as fluid milk
within the sales area, during the calendar month next preceding
such election which percentage of distribution shall include
ten per cent (10%) of the distributors by number, respectively,
shall be necessary for such election. Upon election 'he names
of all the members shall be certified by the party or parties conducting
such elections to the Commissioner for his approval.
The Commissioner may require that such certification include
a statement of the manner and vote by which the respective
members were elected and the percentage of the total production
or sales of fluid milk within the area represented by such
vote. Members whose names have been certified to the Commissioner
and approved by him shall enter upon the discharge
of their duties. If the Commissioner shall not approve a
member, there shall be a vacancy on the Milk Industry Board.
Any member may be removed, with or without cause, by vote
of all producers or distributors, as the case may be, representing
a volume of milk equal to at least three-fourths of the
volume and number by which he was originally elected. Any
vacancies on the Milk Board shall be filled in the same manner
and by the same parties as provided for the original election.
The Milk Industry Board shall be organized by the members
by the selection of a chairman, vice-chairman, who shall be
members, and a secretary-treasurer who may or may not be a
member. The Milk Industry Board shall employ such agents,
assistants and clerks as may be necessary to perform its duties.