Texas Agriculture Code 102.163 – Amendment of Marketing Agreement or License
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(a) If the department has reason to believe that an amendment of a marketing agreement or license is necessary or desirable to achieve the policy of this subchapter, the department shall conduct a hearing on the proposed amendment in the manner provided for the original hearing on execution of the agreement or issuance of the license.
(b) Notice of a hearing under this section must refer to the marketing agreement to be amended by name and date of execution and must refer to the license to be amended by name and date of adoption.
Terms Used In Texas Agriculture Code 102.163
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(c) The department may adopt an amendment under this section if it finds that the proposed amendment:
(1) will not prevent the marketing agreement or license from meeting the requirements of Section 102.156 of this code; and
(2) will tend to facilitate the administration of the marketing agreement or license or will enable the marketing agreement or license to better meet the requirements of Section 102.156 of this code.
(d) A marketing agreement or license is not affected by a negative department finding under Subsection (c) of this section.
(e) In considering an amendment under this section, the department shall consider the evidence presented at the original hearing or a hearing on a previously proposed amendment.
(f) An amendment under this section is not effective until approved by the handlers and producers in the manner provided by Section 102.160 of this code.