The Laws of Texas, 1934-1935 [Volume 29] Page: 69 of 2,086
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FORTY-THIRD LEGISLATURE-SECOND CALLED SESSION. 59
All officers and employees of the Milk Industry Board who
handle funds of the Milk Industry Board or who sign or countersign
checks upon such funds shall severally give bonds in
sych amounts and with such sureties as shall be determined by
the Milk Industry Board. The cost of such bonds shall be paid
by the Milk Board.
The members shall serve without compensation, but shall be
entitled to reimbursement for the expenses incurred in the performance
of their duties.
Said Board shall then provide for due notice of the parties
interested and for a hearing on the proposed code and/or agreement.
Any proposed code and/or agreement that receives the
approval on matters affecting distributors of ten per cent
(10%) of their number and sixty per cent (60%) of their volume
sold in the milk shed or trade territory affected, and affecting
producers of fifty-one per cent (51%) of their number and
seventy per cent (70%) of their volume represented in the milk
shed affected, shall become a duly constituted code upon receiving
the approval of the Board. The Board shall not approve a
code or an agreement unless said code contains ample protection
for consumers, competitors and tends to effectuate the policies
herein declared. Every distributor and every processor
and every retail outlet of milk or milk products, as defined in
this Act, shall apply to the Board for a certificate of authority
following the approval of a code and/or agreement to engage
in such milk industry in the territory affected, and no distributor
or processor or retail outlet after the effective date of
said code, codes or agreements shall engage in or carry on any
milk industry in any area where such code, codes or agreements,
are in effect without such certificate of authority. Every
person required to procure a certificate of authority shall pay
to the Board One Dollar ($1.00) for each certificate issued, said
certificate to be valid for a period of one year from date issued.
SEC. 4. After the Board shall have approved such code,
codes, or agreements, the provisions thereof shall be the standard
of fair competition for such milk industry within the area
defined in such code, codes or agreements, and any violation of
such standards in any transaction in or affecting the milk industry
in such area shall be deemed. to be an unfair method
of competition within the meaning of this Act. Any violation
of any provision of such code, codes or agreements shall be
punishable as herein provided for in Section 7 hereof.
SEC. 5. Any District Court in the State of Texas having
jurisdiction over the territory or any portion thereof where
such code, codes or agreements, are made effective is hereby
invested with jurisdiction to prevent and restrain violations of
any such code, codes or agreements, of fair competition approved
under this Act by the Board, and it shall be the duty
of the several District Attorneys authorized to act in said localities
to institute, under the direction of the Board, proceedings
in equity to restrain such violations.
SEC. 6. Any code, codes or agreements, approved by the
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17292/m1/69/: accessed July 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .