The Laws of Texas, 1937-1939 [Volume 31] Page: 417 of 1,313
This book is part of the collection entitled: Gammel's Laws of Texas and was provided to The Portal to Texas History by the UNT Libraries.
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FORTY-SIXTH LEGISLATURE-REGULAR SESSION. 43
shall be included in and made a part of any application for
license under the terms and -provisions-of-this-Act"(1)
'Have you heretofore been licensed in the State of Texas
as a dealer in citrus fruits and/or perishable agricultural commodities
?'
"(2) 'If you have answered that you have been so licensed,
has any license so granted you within the State of Texas ever
been suspended and/or revoked?'
"(3) 'If you have answered that a license so issued you within
the State of Texas has been suspended and/or revoked, you
will state when, where and give a short statement of the reason
for such suspension and/or revocation.' "
SEC. 4. That Section 4 of House Bill No. 99 of the Acts of the
Forty-fifth Legislature be amended so as to read as follows:
"Section 4. All applications for license under this Act shall
be accompanied by a tender of payment in full of the fee for such
license required; on receipt of said application duly executed,
together with required fee, it shall be the duty of the Commissioner
or his agents and/or employees thereunto duly authorized
to immediately issue such license, provided that no license shall
issue to any person when the application for license filed by such
person shall indicate that such person is a suspended licensee
within the State of Texas, or that such person's license to do
business in Texas has been revoked until the Commissioner is
furnished with satisfactory proof that the applicant is, on the
date of the filing of such application, qualified to receive the
license applied for; the issuance of license to persons who have
suffered prior suspension or revocation of license in this State
shall be discretionary with the Commissioner; in the exercise of
such discretion, the Commissioner is authorized to take into consideration
the facts and circumstances pertaining to the prior
suspension and/or revocation; the financial condition of the applicant,
as of the date of this application, and the obligation due
and owning by the applicant to growers and producers of citrus
fruits and/or perishable agricultural commodities; 'obligation,'
as the term is used in this Section, shall be construed to mean
any judgment of any Court within this State outstanding against
the applicant or certified claims as of the date of the application
under consideration by the Commissioner; prior to refusal of
license by the Commissioner, any applicant for license shall be
entitled to an open hearing on the facts pertaining to such application,
said hearing to be conducted by the Commissioner, or
his agent thereunto duly authorized; if, after such hearing, the
Commissioner, in the exercise of his discretion, refuses the license
applied for, the applicant shall, within ten (10) days from
and after the denial of such license by the Commissioner and not
thereafter, file his appeal from the order of the Commissioner
denying such license, in any Court of competent jurisdiction
within this State; if the Commissioner shall determine that the
license applied for shall not be granted, the Commissioner shall
deduct from the license fee tendered with such application, the
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1937-1939 [Volume 31], book, 1939; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth18824/m1/417/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .