Texas Attorney General Opinion: O-5248A Page: 5 of 8
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Honorable 0. 8. S raps, pge 5
"In the case of a manufacturer a registra-
tion fee of $25.00 must be paid for each agricul-
tural insecticide or fanaiiode manufactured in
Texas. The jobber is likewise required to pay
such fee for each suh insecticide or fungicide
which the Jobber sell in Texas."
In this connection you say:
"The law states that in oases where the reg-
istration fees have been pai either by the manu-
facturer or the jobber, then in that event, nothitg-
in this section shall be construed as applying to
retail dealers. This wording clearly means that
either one may register, but that both are not re-
qired to register."
We have carefully reconsidered these statements in
the opinion, in the light of your oritioisms. It is to be
noted that the provisions of Seotions 6 and 10, quoted above,
apply, by their plain tens, to "all" firms, corporations or
persons engaged in selling any agrE cultural insecticide or
tungicide for use in this state, with the one exooption pa-
I ed in Aetions 10 eand, .. of. retail dealers in a .pro*ia
t~krestre ~ &s required by the Act by either the manufacturer
or the jobber. "The feet that an act contains one or more
ezoepthna discloses an intention on the part or the Legisla-
ture that there should be no other exception and that the Act
should apply in all cases not exoepted." 39 Texas Jurisprud-
ene 191. Federal Crudo Oil Co. v. Yount-Lee Oil0 Co. (Sup. Ct.
of Texas) .52 8. W. (2d) 56.
If further proof of the intention of the Lesgisla-
tar* in this particular matter be needed, it is -o be found
in the legislative history of the Act. On March 4, 1943, the
Hoaee of Representatives am.qed Senate Bill No. 5, substi-
tuting in lieu of the provsitiaow contained in Section 10 the
following language:
*, .*., but any agriwlotural inseaoticad or
fugiolde already registered by the manufacturer
or jobber need not be registered by an other
person selling said agricltaral T ihastiofde or
fungicide during the period of such registration.
S. .. (Underlinin ours) House Journal, 48tbh Le-
islature, page 753, 756.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5248A, text, 1943; (https://texashistory.unt.edu/ark:/67531/metapth262515/m1/5/?q=+date%3A1941-1945: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.