Sec. 102.160.  APPROVAL BY PRODUCERS AND HANDLERS.  (a)  A license may not be issued until:
(1)  assented to in writing by:
(A)  51 percent of the total number of handlers of the citrus fruit;  or
(B)  the handlers of at least 51 percent of the total volume of the citrus fruit covered by the license;  and
(2)  the department determines that the issuance of the license is approved by:
(A)  66-2/3 percent of the producers who, during a representative period determined by the department, have been engaged in the production of the citrus fruit in commercial quantities in the area covered by the license;  or
(B)  the producers who, during the representative period, produced for market at least 66-2/3 percent of the volume of the citrus fruit produced for market in the area covered by the license.
(b)  In determining the representative period under Subsection (a)(2) of this section, the department may select the crop season prior to the holding of a hearing on the issuance of the license or any other period that the department determines to be representative.
(c)  In determining the approval of producers under Subsection (a)(2) of this section, the department shall determine the approval or disapproval of the producers in respect to the issuance of any license or order or any term or condition of a license or order.  The department shall consider the approval or disapproval of any cooperative association of producers that is engaged in marketing the citrus fruit for producers or is rendering service to or advancing the interest of those producers as the approval or disapproval of the producers who are members of, stockholders in, or under contract with the association.  Approval by an association may be executed in the name of the association and is not required to set forth the names of the producers represented by the association.
Acts 1981, 67th Leg., p. 1270, ch. 388, Sec. 1, eff. Sept. 1, 1981.