The Laws of Texas, 1934-1935 [Volume 29] Page: 70 of 2,086
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60 GENERAL4 AND SPECIAL LAWS.
Board under the authority of this title may be amended,
changed, enlarged, modified or suspended, upon the application
and approval on matters affecting distribution of ten per cent
(10%) of the distributors affected in numbers and sixty per
cent (60%) of the volume of the distributors affected, and on
matters affecting production fifty-one per cent (51%) of the
producers affected and seventy per cent (70%) of the volume
affected. The Board must provide for due notice and public
hearing of contemplated changes.
SEC. 7. The Board may suspend or revoke such certificate
of authority after due notice and opportunity for hearing for
violation of the terms and conditions thereof. Any distributor
or processor or retail outlet who without such a certificate of
authority or in violation of any condition thereof, carries on
any transaction in the intrastate handling of milk or milk products
for which a certificate of authority is so required shall
upon conviction thereof be fined not more than Five Hundred
Dollars ($500.00), or imprisoned not more than six (6) months,
or both, and each day such violation continues, shall be deemed
a separate offense.
SEC. 8. Any code, codes or agreements, authorized hereunder
shall provide for and have authority and power to provide for
the necessary funds for the administration thereof. These
funds shall include a sum not to exceed Two Cents (20) per one
hundred (100) pounds of milk or its equivalent, which shall,
with all other fees for the certificate of authority, filing of codes
or agreements, be paid into the Milk Industry Board, to be
used for expenses in the administration of their duties. These
funds shall be based on the milk sold as fluid milk and shall be
paid by distributors for each calendar month within fifteen
(15) days following the last of each month, direct to the Milk
Industry Board.
SEC. 9. If any section or provision of this Act shall be declared
unconstitutional or invalid for any reason, such decision
shall not affect any other provision or portion of this Act, and
such other provision or provisions shall remain in full force and
effect.
SEC. 10. The importance of the matters covered by this Act,
the emergency declared to be existing and the necessity for
affording and supplying a constant and sufficient quantity of
properly prepared and sanitarly protected supply of fluid milk
for the people of Texas, and particularly the people in the more
congested populated centers, and the fact that there is now no
adequate law regulating matters provided for herein, and the
further fact that neither the Agricultural Adjustment Act nor
the National Industrial Recovery Act of the Federal Government
applies to business moving in intrastate commerce in the
State of Texas, create such an emergency and imperative public
necessity that the Constitutional Rule requiring bills to be read
on three several days in each House should be suspended and
the said Rule is hereby suspended and this Act shall take effect
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth17292/m1/70/?rotate=270: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .