HOUSE BILL NO.

AN

1.

ACT

To promote, encourage, increase, and stimulate the use and sale of

2.

rice; to promote the prosperity and welfare of rice growers and producers in

3.

the State of Texas through the conducting of a publicity, sales promotion and

4.

development campaign;

5.

and rice products;

6.

the State of Texas, and to provide for the collection thereof to create a

7.

rice development fund;

B.

and to control the rice development campaign, and to provide the powers,

9.

duties and authority and to define the terms of office of said commission;

to

conduct researoh in and develop new uses for rice

to levy and impose a tax or assessment on rice milled in

to create a rice development commission to administer

10.

to provide when and how said levy or tax shall be paid and collected;

11.

provide penalties for the Violation of this Act;

12.

and jOint action in said development campaign with officers, boards, com-

13.

misSions, departments or other authorities created or which may be

14.

the States of Louisiana and Arkansas upon whioh similar powers, duties and

15.

purposes have been or may be conferred;

16.

in conflict herewith;

17.

an emergency.

t~

to provide for cooperat10n

cr~ated

in

to repeal all laws or parts of laws

fixing tho effectivo date of the Act;

and declaring

_____ BE IT ENACTED BY THE LEGISLATURE OF THE 3l'ATE OF TEXAS:

~

RICE DEVELOPMENT COMMISSION -- SHORT TITLE

lB.

Section 1.

That th1s shall be known and cited as tho "Rice Dovelop-

19.

ment COmmiss10n Law", which shall be added as Chapter 12, Article

20.

Title 4 of the Revised C1vil Statutes of Texas.

21.

Section 2.

165~5

to

That there is hereby crnated a Rice Development Commission

22.

for the State of Texas, which shall be composed of five persons, not less than

23.

three of whom Shall be rice growars and two of whom may be rice millers, to be

24.

appointed for two year terms by the Governor of this State, with the advice

25.

and consont of the Senate.

26,

be given to recommendations of persona engaged in the rice industry, and no

27.

person !ball be appointed t. membership on the Commission who is not directly

28.

interested in either the growing or milling of rice.

In appointing the

Comu~ssion,

considdration shall

- 2 -

DEFINITION OF TERMS

Section 3.

1.
2.
3.

That the terms used in this Act shall be defined as

follows;
The term "milled rice" means rice which has been hulled e.nd from

ot the bran has been removed. and may be

4.

which the germ and all or a

5.

either whole or broken, coated or uncoated.

6.

"brown rice" which means rice that has been hulled and from which the germ

7,

and bran have not been removod.

part

The term will also include

8.

The term "grower" or "rice grower" ahall mean and include only

9,

those who are actually engaged in growing and producing rice and who ahall

~ot

10,

be engaged either directly or indirectly or have any connection with the mill-

11.

ing of rice, except as members of a grower cooperative association.

12.
13.

The term "rice miller" ahall mean and include all persons, firms,
and corporations who ahall mill rice within the State of Texas,
CREATION, COLUXlTION, AND USE OF FUND

14,

Section 4,

That there is hereby assessed a tax of two cents per

15.

hundred pounds on all milled rice which is milled in the State of Texas on

16,

and after the first day of August after tho Legislature of Louisiana and

17.

Arkansas shall have adopted a statute similar to this statute, assessing a

18,

tax ot not less than two cents per hundred pounds on milled rice in said

19.

States and creating Similar commissions, boards, departments or other

20,

authorities in said States having similar powdrs and purposes, or vesting

21.

such powers and purposes in officers, cOmmissions, boards, departments or

22.

other authorities already created in such States,

23.

Section 5.

That said tax shall be paid by all rice millers in the

24,

State of Texas on all rice milled in the State of Taxas and shall be payable

25,

within the first ten days of each month for all rice milled during the pre-

26,

coding calendar month, which tax ahall be remitted direct to the Rice

27.

Development Commission hereby created,

28,

tax within 'he time specified and as herein required ahall pay a penalty of

29.

ten per cent ot the amount due, plus one

30.

every month in which said tax is not paid.

AnY rice miller failing to pay said

pey

cent per month for each and

- 3 -

Section 6.

1.

That the Rice Development Commis3ion hereby created shall

2.

have authority to check and examine the books and records of all rice millers

3.

at all reasonable times during business hours and take copies of the same, in

4,

order that it

5~

power to file any suit or suits or take any other actions necessary to force

6.

collection or payment of the same.

7.

such regulations as may be necessary to carry out the powers vested in it by

8.

this Act.

9,

for the purposos of the computation of the amounts due under this Act, who

may

collect the full amount of the tax hereunder, and shall have

The said Commission is authorized to make

Any person required to keep any records or supply any information

10.

wilfully fails to keep such records or supply such information Shall be suiltyoi

11.

a misdemeanor and upon conviction thoreof be fined not more than $500, or

12.

imprisoned for more than six months, or both, together with the costs of

13.

prosecution.

14.

Section 7.

That the Rice Development Commission hereby created shall

15,

have full authority to spend said funds so collected in the administration of

15.

this Act and in tho promotion of sales of rico and rice products, and for

17.

research in and development of new uses for rice and rice products, and shall

18.

cooperate and act jOintly with commi8sions, boards, departments or other

19.

authorities having similar powers and purposes, created or which

20.

created by statutes of the States of

21.

may

22.

departments or authorities.

23.

at all times, reflecting the operations of the Commission, and such books

24.

and records shall be available for public audit and inspection.

Louisian~

may

be

and Arkansas, and said money

be expended in a jOint effort by the three state commissions, boards,

25.

Section 8.

Accurate books and records shall be maintained

That said Commission shall serve without pay except the

25.

members thereof shall receive ten dollars per day for every day actually

27.

expended in connection with their duties, as provided for and authorized by

28.

this Act, plus actual expenses incurred by them in connection with such

29.

duties.

- 4 -

ORGANIZATION AND AU'llIORITY

1.

Section 9.

That the said Commission shall elect from among its

2.

members a chairman, a vice-chairman, a secretary, and a treasurer; any twe

3.

of Which offices, except that of chairman, may be held by one person.

4.

Commission shall have authority to select a manager and all othor persons

5.

necessary to carry out and administer this Act, in connection with the

6.

Louisiana and Arkansas Commissions, boards, departments or other authorities,

7.

Which manager and other persons shall receive such salary or compensation as

8.

the Commission mey fix, plus such expensos as they may actually incur, out

9.

of funds collected in the administration of this Act.

10.

Section 10.

The

That the said Commission shall have authority to

11.

prescribe forms upon which rice millers shall be requirod to make monthly

12.

returns of the rice milled and sold by them, and the manner in Which such

13.

returns shall be made.

14.

Section 11.

That this Act Shall become effective on the first day of

15.

August after the Legislature of LouiSiana and Arkansas shall have adopted a

16.

Similar Statute, assessing a tax of not less than two cents per hundred

17.

pounds of milled rice in said States, and creating similar Commissions,

18.

Boards, Departments, or other Authorities with similar powers and purposes.

19.

The provisions of this Section and of Section 4 and Section 7, or any other

20.

Section or part of this Act in which the validity of such Act depends upon,

21.

or is connected with similar action by the Legislature of Louisiana and

22.

Arkansas, shall be satisfied by the creation and vesting of such authority

23.

in any State Officer, Board, Commission, Department, or other

24.

the Stntes of Louisiana and Arkansas, providing the same powers are delegated

25.

to such Officer, Board, Commission, Department or other Authority, and

26.

providing thnt a tax is levied of not less than the amount levied herein for

27.

such purposes.

28.

Section 12.

~thority

in

That the creation of a Rice Development CommiSSion for

29.

the State of LoUisiana, levying the same tax as herein levied in this State,

30.

for the same powers and purposes, and vesting the authority of the Rice

- 5 -

1..

Development Commission for Louisiana, under Act No. 112 of the 1940

2.

Legislature, in the Department and Director of the Department of Agriculture,

3.

the Department and Director of the Department Of Finance and the Department

4.

and Director of the Department of Revenue for the State of Louisiana created

5.

by Act No. 47 and Act No. 48 of the 1940 Legislature, is within the terms of

6.

this Act, so that this Act shall become effective on the first day of August

7.

after the Legislature of Arkansas shall have adopted a statute Similar in

8,

purpose to this Act, or to Act No. 112 of the 1940 Legislature of the State

9.

of Louisiana and levied a tax of not less than two cents per hundred pounds

10.

11,
12.

13.

of milled rice for Similar purposes.

Section 13,

That all laws or parts of laws inconsistent or in

conflict with tho provisions of this Act are hereby repealed,

Section 14,

The fact that present world conditions have caused a

lo~s

14.

of certain foreign markets for rice, and that the rice farmers Of Texas are in

15,

need of establishing more and better markets for rice and of advertising to

16,

the people of the United States the value of rice as a food and its use in

17.

food products, and the urgent need that an advertising and

lB.

program be immediately sponsored tor the rice growers of Texas;

19.

that this Act and the Acts of Louisiana and Arkansas shall not become effective

20.

until similar acts are passed by all threo states, which Act has already been

21,

passed by the State of LouiSiana, and the Legislature of the State of Arkansas

22,

now being in session or about to convene, creatos an emergency and an

23.

imperative public necessity that the Constitutional Rule requiring Bills to

24,

be rGad on three separate days be, and the same 1S, hereby suspended, and this

25.

Act shall take effect and shall be in forcG on the dates provided for herein

26.

after the date Of its enactment, and it is so enacted.

dev~lopment

and the fact

COMMITIEE ROOM

~f~................

1941

Hon. Homer Leonard.

Speaker of the House of Representatives.
Sir:
We. your Committee
referred ...................

on.Ji.rt.1ffC..I'J./tV!.'Y"<................. .......... to whom was

tI.......B.

No.j~..,.(, ................. have had the same under consideration

1I!. !?/'II" r ..

l? f' P

and beg to report back with recommendation that it do ~ot (pass. and be .........................

..........................................................................If.f.7.....Printed.
SSJRRliUec

dlIiCIi8R1CHtS W@l'B

aEie,taQ as lIubBiituto to
9

he

priRted is liar sf t1l8 81:'ijJiRaI

.-."'

/ , k"
/'
.-t."
V
...
/
~ __________ _.______._~_L:.t..- .. _.(~:_Z!.~ ___ ..,Ie. __ ": _~_____ L.~ ..-1.. -- _~ ~- ---r- ________ . ____

_______

____

_______ _

_. _____

_____________

Chairman.

COMMITIEE ROOM
Austin, Texas_~_'____2~_

.... _ ,1941

Hon. Homer Leonard,

Speaker of the House of Representatives,
Sir:
We the undersigned members of your Committee on.cLq..~~
__ __________________________________ . , to which was ref~~red ~4,~.
No .... /~, _ ,and who were present and voted with the minority when said
':/'lc,_Mc.L'd-b._ Oa., ~___ was reported back to the House, hereby file
thie minority "port and recommend that ,.id

~" ~.. ~;'I~~v'as:x~<---

-,-,----_

..

---J-"<-v..- --- .-______ _

This minority report has been submitted t.oll';~_'O

e il'k'j;)oI'C\itm:~I,(jith Sec.
7 of Rule 9.
4..
;'/:c ._--

__W_

(OYer)
Form H87-1

__ [k'Vj"'-dlkV-t

The second paragraph of Sec. 7 of Rule 9 reads as

follows:
"No minority report shall be recognized by the
House unless it has been signed by not less than four
Members of a committee consisting of twenty-one Members, three M,~mbers of a committee consisting of eleven
Members, or two Members of a committee consisting of
five Members. Only Members who were present when
the vote was tak"p on the bill, resolution or other proposition being reported upon, and who voted on the losing
side, may sign a minority report. Notice of intention
to file a minority report must be given to the committee
assembled at the time of the vote on the bill, resolution
or other proposition."

-1-

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

35

36

37
38
39
40
41
42
43
44
45
46

47
48
49

50
51
52
53
54
55
56
57
58
59
60
61
62
63
64

By Daniel, et a!.
H. B. No. 136.
[In the House.-January 27, 1941, read first time and referred to
Committee on Agriculture; February 25, 1941, minority report filed;
February 25, 1941, motion to print on minority report prevailed by
a vote of 58 Ayes and 48 Noes; February 26, 1941, returned from
printer, sent to Speaker; March 6, 1941, read and laid on the table
subject to call; April I, 1941, motion to take up and consider at this
time H.B. No. 136 prevailed by a viva voce vote; April I, 1941, read,
amendments offered and pending; April 2, 1941, read second time, amended, and ordered engrossed: Yeas 68, Nays 56; April 2, 1941, motion
to reconsider the vote by which H. B. No. 136 was engrossed and to
table the motion to reconsider prevailed by a vote of Yeas 67, Nays 57.]
E. R. LINDLEY,
Chief Clerk. House of Representatives.
April 2, 1941, Constitutional Rule requiring bills to be read on three
several days failed to suspend by a four-fifths vote: Yeas 59, Nays 57.
April 2, 1941, sent to Engrossing Clerk.
April 2, 1941, engrossed.
ALICE KILMAN,
Engrossing Clerk, House of Representatives.
April 2, 1941, returned from Engrossing Clerk.
April 2, 1941, sent to Speaker.
April 4, 1941, read third time and passed by viva voce vote.
E. R. LINDLEY,
Chief Clerk, House of Representatives.
April 4, 1941, motion to reconsider the vote by which H. B. 136 was
passed and to table the motion to reconsider prevailed by a vote of
55 Ayes and 41 Noes and 22 present.
E. R. LINDLEY,
Chief Clerk, House of Representatives.
April 4, 1941, sent to Senate.
[In the Senate.-April 4, 1941, received from the House; April 9,
1941, read first time and referred to Committee on Agriculture; April
24, 1941, reported favorably with amendments.]

A BILL

TO BE ENTITLED
An Ad .to promou,encourage, increase, and stimulate the use and sal"
of TulU rice, declaring the legislative intent with reference to the
riceindmtry; '[NOv.iding a title for the Act; creating a Rice Development Commission; defining terms; levying a tax or assessment on
rice fllIilled in tM State of Texas; providing for the collection thereof;
providing penaJJ;y to be assessed for failure to pay said tax; giving
certain authoritJI ,to the Rice Development Commission; requiring the
keepifl,!} of cerllJ..in records; providing penalty for failure to comply witJt the Act; providing for cooperation and joint action with
boards or other auJ,horities which may be created in Louisiana and
Arkansas upon whick similar powers have been or may be conferred;
providing the Commission shall serve without pay except for time
actually expended in connection with their duties; providing for employees whose salaries shall be fixed by the Legislature; delegating
all duties delegated to the Texas Rice Commission to the Department of Agriculture; authorizing Commissioner or Board of Agriculture to appoint a Rice Development Commission; providing when
the Act to be effective; providing a saving clause; providing the
Act shall expire two (2) years from its effective date unless extended
by vote of rice growers; providing for elections on the subject every
two (2) years; providing manner of holding elections, form of ballot
and how cost to be paid; and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
LEGISLATIVE INTENT
SECTION 1. That economic waste and loss of property and natural
resources of the State of Texas are being suffered in the rice industry
of the State of Texas by lack of proper research for additional uses
of rice and the by-products of rice and by lack of proper dissemina.:.

-2-

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

33
34
35

36
37

38
39
40
41
42
43
44

45
46
47
48
49

50
51
52

53
54
55

56
57
58
59
60
61
62
63
64

tion of information and proper advertising necessary for the prevention of waste, finding new uses and the development and promotion
of the sale of rice grown in the State of Texas; that such unnecessary
and unreasonable waste and loss of property and value of property
is creating a chaotic condition in the rice industry of the State of
Texas which will increase in severity and is now of such nature to
imperil the ability of the producers and millers of rice to contribute
in appropriate amounts to the support of the ordinary governmental
and educational functions, thus tending to increase and actually increasing the tax burden of other citizens for the same purposes; that
in the interest of the public welfare and general prosperity of the
State of Texas this unnecessary and avoidable loss can and should be
eliminated, and this Act shall have as its purpose the actual elimination of such waste and the conservation of the natural resources and
the promotion of the public welfare by acquainting the general public
with the health-giving qualities and the food and dietetic value of rice
grown in the State of Texas, and finding new uses for the product and
for the hulls and straw which are now being destroyed and wasted
in enormous quantities each year.
That because the rice grown in Texas comprises one of the major
agricultural crops of the State and the b\l8iness of expanding and
increasing the markets and consumption of rice is of public interest
and would redound greatly to the general welfare of the State and
all of its citizens, and because this Act is designed to promote the general welfare of the State of Texas, and will promote the general weIfare of the State, this Act is passed.
TEXAS RICE DEVELOPMENT LAW - SHORT TITLE
SEC. 2. That this shall be known and cited as the "Texas Rice
Development Law," which shall be added as Chapter 12, Article 165-5
to Title 4 of the Revised Civil Statutes of Texas.
SEC. 3. That there is hereby created a Rice Development Commission for the State of Texas, which shall be composed of five (5) persons, not less than three (3) of whom shall be rice growers and two
(2) of whom may be rice millers, to be appointed for two-year terms
b, the 6o.elllol of tlris State, with the advice and consent of the Senate. In appointing the Commission, consideration shall be given to
recommendations of persons engaged in the rice industry, and no person shall be appointed to membership on the Commission who is not
directly interested in either the growing or milling of rice.
DEFINITION OF TERMS
SEC. 4. That the terms used in this Act shall be defined as follows:
The term "milled rice" means rice which has been hulled and from
which the germ and all or a part of the bran has been removed, and
may be either whole or broken, coated or uncoated. The term will
also include "brown rice" which means rice that has been hulled and
from which the germ and bran have not been removed.
The term "grower" or "rice grower" shall mean and include only
those who are actually engaged in growing and producing rice for
themselves and who shall not be engaged either directly or indirectly
or have any connection with the milling of rice, except as members
of a grower cooperative association; and this shall not include anyone
who is merely hired or engaged in the growing of rice for other persons.
The term "rice miller" shall mean and include all persons, firms, and
corporations who shall process or mill rice within the State of Texas.
In any elections held under this Act only the actual individual owner
or owners of a mill shall be entitled to vote, and in the case of a corporation, one vote may be cast by the President or other duly authorized agent.
CREATION, COLLECTION, AND USE OF FUND
SEC. 5. That there is hereby levied a procesaing tax of Two (2)
Cents per hundred pounds on all milled rioe which is milled or proceased in the State of Texas which may be produced from rice grown
in the State of Texas by the process of hulling the rice and removing

the germ and bran, or any other process which may hull, clean, or mill
rice, whether whole or broken, coated or uncoated, so as to render the
product into the condition of "milled rice" as that term is defined
herein. This Act shall also include and such tax shall be paid on all
rice grown outside the State of Texas which may be processed or mi11ed
by a Texas rice miller, as that term is defined herein; provided further that this tax is and shall be on the act of milling the rice, and
in no manner is it or shall it be construed as an occupation tax.
SEC. 6. That said tax shall be paid by all rice millers in the State
9
10 of Texas for all rice milled in the State of Texas and shall be payable
11 within the first ten (10) days of each month for all rice mi11ed dur12 ing the preceding calendar month, which tax shall be remitted direct
13 to the Rice Development Commission hereby created. Any rice miller
14 failing to pay said tax within the time specified and as herein re15 quired shall pay a penalty of ten (10) per cent of the amount due,
16 pins one per cent per month for each and every month in which said
17 tax is not paid/
18 . SEC. I. That the Texas Rice Development Commission hereby creat19 ed shall have authority to check and examine the books and record.
20 of all rice mi11ers at all reasonable times during business hourll and
21 take copies of the same, in order that it may collect the full amount
22 of the tax hereunder, and shall have power to file any suit or suits
23 or take any other actions necessary to force collection or payment of
~ the same. The said Commi88ion is authorized to make such regula25 tions as may be necessary to carry out the powers vested in it by this
26 Act. Any person required to keep any recordll or supply any infor27 mation for the purposes of the computation of the amounts due under
28 this Act, who wilfully fails to keep such recordll or supply such in29 formation, shall be guilty of a misdemeanor and upon conviction there30 of be fined not more than Five Hundred DoIlars ($500), together with
31 the COlts of prosecution, and each failure shall constitute a separate
32 offense.
SEC. 8. That the Texas Rice Development Commission hereby created
33
shall
have full authority to spend said funds 80 collected in the ad34
35 ministration of this Act, in the promotion of sales and advertisina"
36 of Texas rice and rice products, and for research in and development of
37 new uses for rice and rice products, and may cooperate and act jointly
38 with commiBBions, boards, departments, or other authorities having similar
39 powers and purposes, created or which may be created by Statutes of
40 the State of Louisiana and Arkansas, and said money may be expended
41 in a joint effort by the three state commissions, boardll, department&.
or authorities. Accurate books and records shall be maintained at all
~
4,2 times, reflecting the operations of the Commission, and such books
44 and recordll shall be available for public audit and inspection.
SEC. 9. That the Commission shall serve without pay, except the
45
46 members thereof shall receive not in excess of Ten Dollars ($10) per
47 day for every day actually expended in connection with their duties
48 as provided.
49
ORGANIZATION AND AUTHORITY
DO
SEC. 10. The Commission shall select all nece.ssary employees to
.51 carry out the provisions of this Act, provided that Buch employees
a2 shall be paid the same salaries as provided in the general appropriation
53 bill for such similar work; and prO"ided tha~ tlte l-agisJahlPB flf the State
~.-S'-::4-pf Tetaa shell eetiIlesaiazies"'Klm' expeiiiiliJ to- earry wi .ta.-p_isi6ft!1

1
2
3
4
5
6
7
8

/'

.~

:
1)7

.58
.59
.6()

-61
oi2
-63
.fi4

~-~ecardle8/l

-!If S=
of the other proviliioilil of this Act, an duties
.and fUllCtiOJlll ba-ein delegated to the Texu Ri.ce Commisaion shaH be
aod are hereby deJeeated to the Departmet1t of Agriculture and shall
be administered by aoo IIIlder said lkpar1ment or a.ny otber State
Agegey hereafter created to perform the preseut duties of the Commissioner and Department of Agriculture, and the Conuni8aioner or
Board of Agricu.iture shall appoint II TeKas Rice Development CamlDiasioB in lICCOil"dace wjjh this Ad; to w.Ql"k vitA tbe department and.
the GolJlllliuioaa ~ ~r Statee in an advilory eapaeity. but as a

-4-

1
2
3
4
5
6
7
8
9
10
11

12
13
14

15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
~

4
46
407
48
49
50
51
52
53
540
55
56
57
58
59
60
61
62
63
64

part of the Department of Agriculture and not as a separate or new

State Agency.
SEC. 12. That the said Commission shall have authority to prescribe forms upon which rice millers shall be required to make monthly
returns of the rice milled and sold by them and the manner in which
such returns shall be made.
SEC. 13. That this Act shall become effective on the first day of
August after the Legislatures of Louisiana and Arkansas shall have
adopted a similar Statute, assessing a tax of not less than Two (2)
Cents per one hundred (100) pounds of milled rice which may be milled
in said States, and creating similar Commissions, Boards, Departments,
or other Authorities with similar powers and purposes. The provisions
of this Section and of Section 4 and Section 7, or any other Section
or part of this Act in which the validity of such Act depends upon, or
is connected with, similar action by the Legislatures of Louisiana and
Arkansas, shall be satisfied by the creation and vesting of such authority in any State Officer, Board, Commission, Department, or other
Authority in the States of Louisiana and Arkansas, providing the same
powers are delegated to such Officer, Board, Commission, Department,
or other Authority, and providing that a tax is levied of not less than
the amount levied herein for such purposes.
SEC. 14. That the creation of a Rice Development Commission for
the State of Louisiana, levying the same tax as herein levied in this
State, for the same powers and purposes, and vesting the authority
of the Rice Development Commission for Louisiana, under Act No. 112
of the 1940 Legislature, in the Department and Director of the Department of Agriculture, the Department and Director of the Department of Finance, and the Department and Director of the Department
of Revenue for the State of Louisiana created by Act No. 47 and Act
No. 48 of the 1940 Legislature, is within the terms of this Act, so
that this Act shall become effective on the first day of August after
the Legislature of Arkansas shall have adopted a Statute similar in
purpose to this Act, or to Act No. 112 of the 1940 Legislature of the
State of Louisiana, and levied a tax of not less than Two (2) Cents
pel' hundred pounds of milled rice for similar purposes.
SEC. 15. That if any word, phrase, sentence, paragraph, or portion
of this Act shall be unconstitutional, it shall not affect the validity
of the remaining portions of this Act, but the same shall be construed
to be effective, as though the unconstitutional word, phrase, sentence,
paragraph, or portion thereof were eliminated.
SEC. 16. This Act shall expire in two (2) years after the date it
goes into effect, but the Rice Development Commission shall continue
to operate its program so long as any funds remain on hand, after
which it shall be dissolved by order of the Commission and all records deposited with the Department of Agriculture.
SEC. 16a. That this Act shall expire in two (2) years after its effective date unless at least sixty (60) per cent of the rice growers and
rice millers of Texas, as those terms are defined herein, voting at an
election to be held in each county in Texas in which rice is grown 01'
milled on the last Saturday in July in 1943, vote to extend the operation
of this Act and the Texas Rice Development Program for another two
(2) years. If less than sixty (60) per cent of those voting at such election fail to vote in favor of the extension of the operation of this Act,
then the same shall expire two (2) years after its effective date. If
at least sixty (60) per cent of those voting at stich election favor the
extension, then this Act shall continue in effect for an additional two
(2) years from its effective date, and similar elections shall be held on
the last Saturday of July, 1945, and every two (2) years thereafter so
long as the operation of such Act continues in effect, so as to determine
whether the operation of same shall be continued or whether it shall
expire.
Such elections shall be held by the County Clerk of each county in
which one or more rice growers or rice millers grow or mill rice,
and ballots shall be furnished for each grower or miller, at any time

1
2
3
4
5.
6
7

from 7:00 A. M. to 7:00 P. M. of .election day, who shall register his

name with the Clerk on a list which shall contain the names of all
persons voting at the election, and each person shall make affidavit
upon signing such list that he either is a Texas rice grower or a Texas
rice miller, as those terms are defined herein, and that he grows or
mills rice in such county, after which he shall be given a ballot by the
Clerk, which shall be secret and cast in the same manner as in regular
. 8, general elections, and which shall read as follows: "For the extension
9 of the operation of the Texas Rice Development Law for two (2)
10 years" and "Against the extension of the operation of the Texas Rice
11 Development Law for two (2) years," which shall be marked by the
12 voter as in general elections and canvassed by the County Clerk of each
13 county and reported to the Secretary of State on the Monday following
14 the election, and the Secretary of State shall canvass the returns of
15 the County Clerk on the second Monday following the election, and
16 announce the result and under his official seal declare the number
17 of votes for and number against by counties, and declaring the total,
18 and that the operation of the Act will expire or be extended, as the
19 case may be,. in accordance with the terms and conditions of this Act,
20 which action of the Secretary of State shall constitute the official rec.
21 ord of the extension or expiration of the operation of this Act.
22
The printing of ballots and all costs of each election held under this
23 Act shall be paid out of the administration expense of the Texas Rice
24 Commission, including a fee of Ten Dollars ($10) to each County
25 Clerk whose county casts fifty (50) or more votes and Five Dollars
26 ($5) to each County Clerk whose county casts more than one but
27 less than fifty (50) votes in such election; and such ballots and return
28 sheets shall be furnished by the Texas Rice Commission.
29
SEC. 17. The fact that great economic waste and loss of property
30 and property values is being sustained by the rice industry of Texas
31 which is one of the State's largest farm crops, by lack of proper re32 search for new uses and prevention of waste through lack of proper
33 advertising and dissemination of public information necessary for the
34 development and promotion of the sale of rice grown in Texas, and
35 to prevent waste in the industry; and because of loss of foreign markets.
36 because of world conditions; the ability of the Texas rice grower and
37 miller to contribute appropriate amounts to the support of the ordinary
38 governmental and educational functions of the State is imperiled, and
39 the burden of the other citizens of Texas will be thereby increased;.
40 and because public necessity and the public welfare of Texas demands.
41 that this important industry be protected from waste and great losses,
42 so as to help the State and entire citizenship; creates an emergency
43 and an imperative public necessity that the Constitutional Rule requir44 ing bills to be read on three separate days be and the same is hereby
45 suspended, and this Act shall take effect and shall be in force on the
46 dates provided for herein after the date of its enactment, and it is
47 80 enacted.

48
49
50
51
52
53
54
55
56
57

58

59
60
61
62

63
64

COMMITTEE AENDMENT NO. 1

Amend H. B. 136 by adding an~ther section, to read as follows:
"All millers or purchasers of ric~, shall keep a correct record show.
ing the names and quantity of rice\ purchased from producers of ricEl
in this State, and, in the event thi~ Act shall be held by the Courts
invalid, the Texas Rice DevelopmentCol\:Ullission shall refund to each
mill all taxes collected by the mill and remitted to the Commissioner.
and each mill shall remit the amount of tax to eacI). person from wholI!
it is collected or deducted from the purchase price."

1
COMMITTEE REPORT
2
COMMITTEE ROOM.
3
Austin, Texas, April 23, 1941.
4 Hon. Coke R. Stevenson, President of the Senate.
5
6
7
8
9

10

11
12
13
14
15
16
17
18
19
20
21
22
23
24

25
26
27

28

29
30

31
32
33
34
35

36
37
38

39
40
41
42

43

44
45
46
47
48

49
50
51

52
53

54
55
56

57
58
59

60
61

62
63
64

SIR: We, your Committee on Agriculture, to whom was referred H. B.

136, A Bill to be entitled
An Act to promote, encourage, increase, and stimulate the use and sale
of Texas rice, declaring the legislative intent with reference to the
rice industry; providing a title for the Act; creating a Rice Development Commission; defining terms; levying a tax or assessment on
rice milled in the State of Texas; providing for the collection thereof;
providing penalty to be assessed for failure to pay said tax; giving
certain authority to the Rice Development Commission; requiring the
keeping of certain records; providing penalty for failure to comply with the Act; ... and declaring an emergency.
Have had the same under consideration, and I am instructed to
report it back to the Senate with the recommendation that it do pass
with amendment hereto attached and be printed as amended.
MOFFETT, Chairman.

1)

Jmen ~:;,~. __.<~aa,1)y striking .olltal1 below the enacting

Clause and substituting the tollonne;:
LEGISLATIVE INTENT
SECTION 1. Thlit::'economic waste and loss of property and

n ,

LP.//'
//
,

natural resources of the state of Texas are being suftered in

the rice industry ot the State of Texas by lack ot proper researoh for additional uses of rice and the by-products of rice
~d

by lack ot proper dissemination of infonnation and proper

advertising necessary tor the prevent10n ot waste, tinding new

uses and the development and promotion of the sale of rioe
grown in the State of, Texas'; that suoh unnecessary and unreasonable 'waste and loss of property and value of property is creating
a chaotIc, condition in the rice industry Of the State of Texas
which will

in severity and is now of such pature to im-

increa.~

peril the ability of the producers and millers of rice to contribute in appropriate amounts to the -support of the ordinary
governmental and,e4\loational functions, thus tending to increase
'and actually inoreasing the tax burden of other citizens for the
same purposea; that in the interest of the publiO welfare and
-

general prosperity ot the Sta.te of Texas _thi. unneoessary and

"

:.

.'.-

-"\"

~voidable loss can-lind should be eliminated, and this Act shall

have as its purpose the actual elimination of such waste and the
conservation of the natural resources and the promotion of the
publio weltare by aoquainting the general publio with the healthgiving qualities and the tood and dietetic value ot rice grown
in the State of Texas, and finding new uses for the product and
for the hulla and straw which are now being destroyed and wasted
in enormous quantities eaoh year.

The.~ bec.u.~_~:rice gro1ll1 in Texa. OOllWfi 'one ot the

major agrioult-ural crops ot the State and the bUSiness ot expanding and increasing the me.rkets and, consumption africa is of
public interest and would redound greatly to,the general welfare
of the St,ate and all ot'l t. ci :i~S, and beoause

~h1S

J.ot is

designed:bopromote the general weltare of the state ot Texas,

and will promote the general weltare of "\ihe State, this Act 1s

21941

passed,
.,,2-

n--.....-.----

TEXAS RICE DEVELOPl.:t<:NT LAW -- SHORT TITLE

==;:;.SEC'l'ION 2.

That this shall be

~;:nown

and cited as the "Texas

Rice Development Law," which shall be adcled as Chapter 12, ..l.rticle 165-5 to Title 4 of the Revised Civil Statutes of Texas.
SE~TION

3.

That there is hereby created a Rice Development

Commission for the State of Texas, '.'Thich shall be composed of five

(5) persons, not less than three (3) of vlhom shET;" be rice srOVlers

and two (2) of whom ruay be rice millers, to be aPPointed for two ....

j:!Jk'

year terms by the Governor of this State, with the ac:vice and

consent of the Senate.

In apI)cinting the Commission, considera-

tion shall be given to :;:ecommendations of persons ensa,;ed in the

rice indu:ctry, ana. no person shall be apPointed to ,;18mbershj.p on
the Commission who is not directly interested in either the growing or milling of rice.
DEFINITION OF TERMS
SECTION 4.

That the terms used in this Act shall be defined

as follows:
The term "mi:C:Ced rice" means rice which has been hulled
and from which the germ and all or a part of the bran has been removed, and

,,~ay

'ue ei ther 'Shole or 'oroken, coated or uncoated.

The

term will also inclUde "brown rice" which r"eans rice that has
been hulled and from which the germ and bran huve not been removed.
The term "grower" or "rice grower" shall mean and include only those who are actually engaged in growing and producing
en;~aGed

rice for themselves and who shall not be

or indirec.!tly or hLve any

con~:ection

cept as members of a ,'Crower

-<:1 th

coopera~ive

either directly

t~-l8 1:~ilJ j

:ug of

rice,

8~~-

association; and this shall

not include anyone who is merely hired or engaged in the browing

of rice for other persons.
The term "rice miller" shall mean end inclUde all persons, firms, "nd corporations who shall process or mill ri ce \'Ii thin
the State of l'exas.

In CClY elections held under

thi~;

,',ot only the

actual individual ormer or owners of a :1lill shall be eClti tled to

-3-

vote,fond in the case of a corporation, one vote nay be cast by

the President or other duly authorized aGent.
CREAJ:'ION, COLLECTION,
SZGTION 5.

0F_ !J:!!ill..

That there is hereby levied a processing tax of

two (2) cents per hundred pounds on all milled rice wi1ich is
milled or processed in tile State of 'rexas which may be produced
,

from rice grown in the State of Texas by the process of hulling

the rice and removing the germ and bran, or an:I other process
which may hull, clean, or mill rice, whether whole or broken,
coated or uncoated, so as to render the product into the condition of "milled rice" as that term is defined herein.

This Act

shall also include and such tax shall be paid on al: rice grown
outside the State of Texas which

~ay

be processed or milled by

a '(exas rice miller, "s thai, term is d8f'ined herein; provided

further that this tax is and shall be on the Ict of milling the
rice, and in no manner is it or shall it be construed as an occupation tax.
, G:C;C'i'ION 6.

That said tax shall be paid by all rice millers

in the state of Texas for all rice milled in the State of '(exas
and shall be payable wi thin the first ten days of each month ,-'or
all rice milled durinc; the precedillG calendar month, which tax
shall be renitted direct to the Rice Development
created.

Co;;~ission

hereby

JulY rice miller failinL to nay said tax \,i thin the time

,,~

specified and as herein required shall pay a penalty of ten per

cent of the aluount due, plus one per cent per month for each and
every ,-,onth in ';Iilich said tax is not paid,
SZCTION 7.

That the Texas Rice Development Commission here-

by created shall have authority to check and examine the books

and records of all rice millers at all reasoneble times during
bUSiness hours and take copies of the same, in order that it may
collect the full amount of the tax hereunder, and shall have
-4-

power

~o

file any sult or sults or take any other actions neces-

sary to foroe collectlon or payment of the same.

The said Com-

mission 1s author1zed to make such regulations as may be necessary to carry out the powers vested in it by this Aot.

Any per-

son required to keep any reoords or supply any 1nformat10n for

the purposes of the oomputation ot the amounts due under this
Aot, who w11tully ta11s to keep such records or supply such 1ntor.at1~n

shall be

1U1~ty

ot a misdemeanor and upon cony1ction

thereot be tined not more than

'1 kQndred (,600.00) Dollars,

together wlth the costs ot proseoution, and eaoh tailure shall

constitute a separate ottense.
SECTION 8.

That the Texas Rioe Deyelopment Commission

hereby created shall have tull authority to spend sald tunds so

collected in the administration ot this Act, in the promotion ot

..

sales and advertlsing ot Texas rioe and rioe products, and tor
- '.

researoh in and development ot new uses tor rice and rice products, and may oooperate and aot Jointly with oo. .lssions,
boards, departments)or other authorities having similar powers
and purposes, created or whioh may be created by statutes ot
the States ot Louisiana and Arkansas, and said mone,y may be expended in a Joint ettort by the three state oo-.issions, boards,
departments or authorities.

Accurate books and reoords shall be

maintained at all times, retlecting the operations ot the Commission, and such books and records shall be available tor publio audit and inspeotion.
SECTION 9.

T t said Commissio

except the members

sDall serve without pay

eive'tell ',lO.OO),Dollars

per day

in oonnection with their

duties, as provided tor

expenses inourred
ever, the total

this Act, plus aotual

in conneotion

uch duties.

How-

ot administration expense. shall at no

-5-

time ex eed the sum ot tltteen (1&,C) p.r c.nt ot the total tax.s
collect.d

or any one year.

OBJANlZATION

AUTHORITY

sald Ccmmis.lon

SEeTIOlf 10.

trom among

Its maDbere a chairman, a

that ot chal rman, may

trea.urer; any two ot which

be held by one per.on.

have authority to

The

s.l.ot a manag.r and all

eifilel' S

.r persons

tc carry out and

l'G.ta/y DIP.

admlnlster this Act,

conn.ction wlth the

na and Arkan-

oard., departments or other author1~" whioh

per.ons shall recelve such .alary or compeneat

the Commi ion may tix, plus such expense. as they may

actually incur, out ot

this

~~.

, \\

~ON

tu~ollected

in the admlnistratlon ot

11.-( That the .ald Comm18.10n .hall have authorl tl

to pre.cribe tora. upon whioh rlce miller hall be required to

make monthly returns ot the rice ml11ed and .01d by them, and
the manner in which .uch return ha11 be made.

SEOTIOlf~.

That thl. Act .ha11 become ettective on the

tlrst day ot August atter the Legi.laturS7ot Loulslana and Arkansas shall have adopted a similar Statute, a sing a tax ot not
1es. than two (2) oent. per hundred pound. ot milled rioe
which may be milled In .ald State., and oreating .imilar CommiSSions, Board., Departments, or other Authoritie. with similar
powers and purpo....

The prOVisions ot this Seotion and ot Seo-

tion 4 and Seotion 7, or any oth.r Section or part ot thls Aot

in which the validity ot .uch Act d.p.nd. upon, or is connected
with similar aotion by the Legi.1ature ot Loui.iana and Arkansas,
shall be .ati.tied by the creation and vesting ot such authority
in any State Otticer, Board, Commission, D'partment, or other
Authority in the State. ot Loui.iana and Arkan.a., providing the
-6-

,same powers are delegated to such Ott10er, Board, Comm1sa10n, Department or other Authority, and prov1d1ng that a tax 1s levied
ot not less than the amount lev1ed here1n tor such purposes.
SECTION

~~.

That the oreat10n ot a R1ce Development Comm1s-

a10n tor the State ot Lou1.1ana, levy1ng the same tax as here1n
lev1ed 1n thi. State, tor the same powera and purposes, and vest1ng the author1ty ot the R10e Development Co...18a10n tor Lou1a1ana, under Aot. No. 112 ot the 1940 Leg1s1ature, 1n the Department
and D1reotor ot the Department ot Agrioulture, the Department and
D1rector ot tbe Department ot Finanoe and the Department and D1rector ot the Department ot Revenue tor the State ot Lou1s1ana ore.
ated by Aot No. 47 and Aot No. 48 ot the 1940 Leg1alature, i. within the terma ot this Aot, so that this Aot shall become ettective
on the tirst day ot August atter the Leg1slature ot Arkansas shall
have adopted a

~atute

s1m11ar 1n purpose to

~h1s

Act, or to Act

No. 112 ot the 1940 Legislature ot the State ot Louisiana and levled
a tax ot not l ..s than two (2') oents per hundred (100) pounds ot
milled rloe tor similar purpo.es.
SECTION

t{.

That it any word, phrase, sentenoe, paragraph or

}

portlon ot this Aot shall be unconst1tutional, lt shall not atteot

the validlty ot the re.alning portions ot this Aot, but the same
shall be oonstrued to be etteo~~ as though the unconstitutional
word, phrase, sentenoe, paragraph, or portion thereot was elimlnated.
SECTION

!~.

This Act shall expire in two (2) years atter the

date it goes into etteot, but the Rioe Development Commission shall
oontinue to operate its program so long aa any tunds remain on hand,
atter whioh it shall be diasolve4 by order at the Commi8sion and all
recor~s depo~lted

~.I"o...

SECTION

with the

~partment

~I

i1J.1 The

ot Agriculture.

taot t at great eoonomio waste and loss ot

property and property valu .. ia being sustained by the rioe lndustry

ot Texas, whioh 18 one ot the State'a largest t arm oropa, by lack

ot proper researoh tor new uses and prevention ot waate through

lack ot proper advertiaing and diesemination ot publio information
neoessary tor the development and promotion ot the sale ot rioe
-7-

grown in Texas, and to prevent waste in the industry; and because

of loss of foreign markets because of world conditions; the ability
of the Texas rice grower.and miller to contribute appropriate
amounts to the support of the ordinary governmental and educational
functions of the State is imperiled, and the burden of the other
citizens of Texas will be thereby increased; and because public necessity and the public welfare of Texas demands that this important
industry be proteoted from waste and great losses, so as to help
the State and entire citizenship; oreates an emergency and imperative publio neoessity that the Constitutional Rule requiring bills
to be read on three

sep~rate

days be6land the same iSt/hereby sus-

pended, and this Act shall take effect and shall be in force on
the dates provided for herein after the date of its enactment, and
it is so enaoted.

-8-

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

~
Amend

h~sUt'a" -f'lS!o

as Section lISA

SECTION~.

H. B. Ho. 136 b7 adding the followiDS

place of the present Section lSA:

That this A.ct shall expire in two (2)

after its effective date unless at least sixt,. Cso,t) per cent
of the rioe growers and r i r millers of Texas, as those te1'lU
are defined here1n, voting an election to be held in eaCh Count7
'\

in !l'exas in whiCh rice is grOW'll or milled on the last Saturda7

in Jul,. in 19'3, vote to extend the operation of this Act and the
Texas Rice Development program for another two (2) . ,.ears.

I.f'

leas than sut,. (6o,t) of those voting at suCh election fail to

vote 1n favor of the extension of the operation of this Act, then
the same shall 8%Pire two (2) ,.ears after its effective date.

If

at least sut,. (6o,t) per cent of those voting at such election

favor the extenSion, then this Act shall cont1Dne in effect for an
additional two (2) ,.eus frOJll itseneotive date, and similar eleotions shall be held on the last Saturda7 of Ju17 ,19'5}and ever,.
two (2) ,.ears thereafter so long as the operation such Act continues in effect, so as to determine whether the operation of same
all be continued or whether it shall e%pire.
Such elections shall be held b,. the Count,. Clerk of each
Count,. in which one or more rice growers or rice millers grow or
mill rice, and ballots shall be furnished for each grower or
miller, at aD7 t1ae fro. 7:00. .f...1I. to 7:00 P.II. of election da,.,
I

who shall register his name with the Clerk ona list which shall
contain the names of all persons voting at the election,~nd each
person shall make affidavit upon signing such list that he either
is a Texas rice grower or a Texas rice miller, as those terma are
defined herein, and that he grows or mills rice in such count,.,
after which he shall be given a ballot b,. the Clerk, which shall
be secret and cast in the same' 'lII&nner as in regular general

eleotions, and which shall read as rol10ws:

-For the extension

or the operation or the Texas Rice Development law ror two (2)
,.eara- and -Against' the

ct#;;;'a

ex:J~n~~a

Rice Development

tor two (2) ,.ears, which shall be marked b,. the

voter as in general e1eotions and oanvassed b,. the Count,. Clerk.

or each Count,. and reported to the Seoretary or State on the
Monda,. ro11owing the election, and the Secretary ot State shall
canvass the returns ot the County Clerks on the second Monda,.
roll owing the'election, and announce the result and under his
orricial seal declare the number or votes ror and number against
by

Countiea, and declaring the total, and that the operation ot

the Act will expire or be extended, as the case ma,. be, in accordance with the terms and conditions ot this Act, which aotion

ot the Secretary ot State shall oonstitute the otrioial reoord

ot the extension or expiration ot the operation or this Act.
The printing of ballota and all costs ot each election held
under this Act shall be paid out or the administration expense

ot the Texas Rice Commission, including a tee of Ten ($10.00)

Dollars to each Count,. Clerk whose Count,. casts rUt,. (50) or
more votes and Five ($5.00) Dollars to each Count,. Clerk whose
Count,. casts more than one" but less than tUt,. (50) votes in
'such election; and such ballots and return sheets shall be
turn1shed b,. the Texas Rice Commission.

Amend the substitute to House Bill 136 by striking out Seotions

9 and 10 and inserting in lieu thereof the following:
Seot1on 9.

That

the Commission shall serve without pay.

exoept the members thereof shall reoeive not in exoess

of $10.00 per day for every day aotually expended in
oonneot1on with their duties as provided.
Seotion 10. The Commission shall aeleot all neoessary
employees to oarry out the provisions of thia Aot,
provided that suoh employeea ahall be paid the same
salaries as provided in the general appropriation bill
for suoh similar work; and provided that the Legisla ture
of the State

ar cf!'exaa

shall

aet the aalaries and expenses

to oarry out the 11' oviaions of this Aot.

AP' 2.194l:.----;
~---:~-------

f)' " ..

...

.,.
Amend House Bill 136 by adding a new section as follows:

~AegardleSs

of the other provisions of this Act, all duties

and functions herein delegated to the Texas Rice Commission

shall be and are hereby delegated to the Department of Agrioulture and shall be administered by and under said Department
or any other State Agency hereafter oreated to perform the
present duties of the Commissioner and Department of Agrioulture,
and the Commissioner or Board of Agriculture shall appoint a
Texas Rice Development Commission in aooordanoe with this Aot
to work with the department and the Commissions of other States
in an advisory capaoity, but as a part of the Department of
Agrioulture and not as a separate or new state Agency."

'l).
I

--~

--

---

---~---=
,----

E No. 130

Bl - Daniel. et al

A BILL TO BE ENTITLED

411 AD'
.noo ..... , 1M....... -* .n.lIla u. . . .4 .al.

. . pZOOIlO.,

ot or.xu riH, 4eo1arlns . . 1e11.1.U... la'.., wUIl "'eJ'enoe

to Ule

no.

ln4tJor,

,J'Ondinc

at.. DnwlopMll' 0 .."..108.

tl1;1. to. . . .

AI' natins

4et1Jll. WJ'IU, 1e'f71q tax or

a.-

.o.e_nt Oft rio. IIlU04 1a tIlo "dO of , .... , pJ'On41q toJ' the
.0UlOtion

the....,.

P"~.
".'
. . . .U, to ,.. a "

tel' t.Uure

.. pq .&14 UK, 11'11q . . ; . . au1ihoJ'l" .. th. Me. DIT.lop...'

ft. "-0'" ft".

.......0.' nCllliJ'lal tho b.pln, . , ........

p .......
ptUltr tor t&11.,.;.I""
",,"',,""41... trn

41q

I'MO. . . .

Uon ... Jolal uUoa ~~ 01'

.......... la LIt. . . . . . . . ." ........ 1III.101l

haW 1tItQ.

.t.n

1;h. . . . . ., .... , ' " ". . . .

'" tU'" bJ

1IU

I. po....

*le1l af'
<.

ooatoJ"MI. preT14"" 0.81 t08.tlall

IIq "

.ern witho.' pq p' tor U .. aohal17 upende4

witll

OOOplJ'll-

in

OOIUl".t1oA

tor .1I,P10,. who.o.alul.. shall

x.p.e1a'-"' 40le,a tlne an 4uUo.4.1ola ted to

tale hu. Rl GoMillion to tile . ., . . . . . ., 01

bU. Oolllll1el1on. . . . . . .rA of

.1.111-" ..

Apo1ol.\l~\u'l

."eo"...

ap.,.,.' a Rue,

80...10,..., -....... , pn.....41q whe. . . . AI' .. lito ~~... ;<

p .........taa aT1JtS .1a".. , ,zoon,Unc ae Alt _all ox:p1" two (i,
J.an

"'a 1.. . ". ." .......

gro"r_; P"~
,oan, PJ'Ortdlne

tOI'

a ln......

.leotlon. on the

1I&IUl.1"

of bo141q .1..

JaM . . ., to ,.. paU. aa4 ....laI'u.t

__ ..... of

1'100

_oJ", .....,. no

,10.',

(2)

t01'll ot ballot 8l\4

...........,. _____

H. B. 10. 136
iii: IT EIU.CTU BY 'fU LEGISLATURB:

or

'fD SUR Ql

TEXA,~

LUllILA'lIU IM!IiH _ _ __

a.oti.a 1.
aatural

"10\11'0

'fhat e ....II1. w.. t. and 1 ... of pl"Op.r1J aad

ot tile Std. ot Texa. are b.1q ntfend In the

101 1D4ult1'7 of . .

a..te

ot Texu lt7 laek ot propel' ".eU"Oh tor

a4d1 UoDal U... ot rb. aaI 1ribe b7-Pl"OdllOt. ot ri aIl4 bf laok

.t prop.r 41 alnatloa ot 1nto... t1oa

aa4 prop.1'

n e a1'7 tor the

ttn41ft1 w a and the

de~loplll8nt

p:re~nt10a

~te.

ot

a4~.'111q

aIld pH_Uon of the .ale of 1"10. 11"01fIl 1ft the Stat.

of 7.xaaJ bat ........... aar,r &ad . . . .a.oaabl. wa.te and 10

ot: PJ"OP'7 and ftlWl ot prop. ."

11 oreat1R& ehaGU. oon41 tion

11\ the riM 1n4111t1"7 ot the Suto ot 'f.xa. 1Ihleh will 1ftorea 1D
.e~ri"

ad 11 now .t .uh natlU'O to lJIpePll the abill" ot the

p1"04. . . . . . .4 1I111.:ra ot 1"10. . . oontrlbute in appropJ01at.

lO~l'JUI8ntal

.. tile lupport of the oJ041IlU7

. .4 e4ucational fUllO-

Uona, talu. 10.,,411\1 to 1ae..... arul aotvall7 ino".81nl the

burd~n

I.IIOUIlt

'0

ot oth.1' 01'1&.". tor the .ame PW'pO."; thd in tho 1ntel'-

. ., of the publ10 weltare and. s.n.ral pJ"Oep.1'l" ot .... State ot

7..... thh lIIUl.o".&1"7 an4 a'ftll4altl. 10..
te4, and thh Aot .hall

Jla~

O&lt

and abould be .Ua1-

a. 1 ... PUJOpU. the aetual eUlI1aa-

tloa ot .uo1l wal" aIl4 the oon.eJOTatlon ot the "atllJ'&l " ~

aJ\d the pl'O_Uon of the publS. we1ta" b1 ull1l&inUIIf the ,.nU'al
-". ~.

p'Ilbll. wi. til. lleal.U-g1T1q' flul1t1.. and. the to04 and dletetio
.a1ue ot 1"1 .. .,.. . 1" the .tat. of T.xaa, and f1ndlnl a.w u

tor the pl"Oduo' d4 for the hulle -.ad .baw wh1eh a" .now belng
4e.tP07e4 and wa.tod 1ft efto~u. qualltltl e h 7.&1". ______

-2-

H. B. No. 136

!bat beoauae the rioe grown in Texas oomprisel one of the

~Jor

agr1cultural oropl ot the State and the bUBineBI ot expand-

ing and

lnores~lng

the marketl and consumption ot r1ce 1s of pub-

11c interelt and would redound greatly to the general weltare of

the State and allot itl 01tizens, and beoause this Act is de.1gned to promote the general weltare of the State ot Texas, and
w111 promote the general weltare ot the State, thlB Aot ls paesed._
'l'iXAS RICE DEVELOPMENT LAW - SHOR! TITLE

Seo. 2.

That thll shall be known and oited as the "Texas

Rioe Development Law, whioh shall be added as Chapter 12, Article

166-6 to Title 4 ot the ReVised Civll Statutes of Texas.
Seo. 3.

That there ls hereby created a Rice Development

Comm1ssion for the State of Texal, whioh lhall be oompoled of tive

(5) pereonl. not les. than three (3) ot whom ahall be rloe growerl
and two (2) of whom may be rioe

~illers.

to be appolnted for twoI

year termaby the GoTernor ot thla State,\ wUh the advioe and
consent of the Senate.

In appolnt1ng the CommiSSion, oonsldera-

tlon shall be given to reoommendatlons of persons engaged in the

rlos Industry. and no person ahall be appOinted to memberehip on
the Commiallon Who 11 not direotly interested In either the

-3-

H. B. Mo. 136
growing or lIIilllng ot r1oe. _ __
DD'I1I'fIOlf 01' 'l'ERMS _ __
SH. 4.
aI

'!'hat the tena. uud 1n thi. Aot ,hall be detlned

toll ow. :

'!'he te.. Iml11ed rloe l

tro. wh10h

an. rloe Wh10h hal been hulled and

the ,erm aD4 all or a part ot the bran haa been re-

mOTed, and -T be either whole or broken, ooated or unooated.

'!'he te.. wl11 al inolude "brown rioe' whloh meane r10e that hall
been

~ull.d

and fro. whloh the germ and bran haTe not been re-

mOTed.
The 'era "grower" or 'rloe grower' .hall mean and include
only tho . . who are aotually eagaged ln growing and produoing rice
tor

~he elTel

and who lhall

DO~

be engaged elther dlreotly or

1ndlreotly or haTe any oonneotlon wlth the ml1ling ot r10e, exoept

al m..berl ot a grower oooperatiTe alloolation: and thl. Ihall not
lnolude anyone who 1. lIerely hired or engaged ln the growing ot
rice tor

o~er

perlon

'l'he term "rlee all1er' lhall mean and include all perlon.,
tlrm., and oorporatlonl who .hall prooell or ml11 rloe within the
State ot Texal.

In anr eleotlons held under thi. Aot only the

aotual 1adlTl4Dal ovaer or ownerl ot a .111 .hall be ent1tled to

H. B. No. 136
~,

and ln the oase ot a corporatlon, one vote lIay be oe.st by

the Presldent or other dul, authorlzed agent.

CREATION, COLLECTION, AND USE OF FUND

Seo. 6.

That there ls hereby levled a prooesslng tax ot

two (2) Cent. per hundred pounds on all 1I111ed rloe wh1ch ls

s111ed or prooessed ln the State at Texas wh1ch ma, be produoed

trom rloe grown ln the State ot Texas b, the prooess of hulllng
the rloe and removlng the germ and bran, or anr other process
whloh say hull, olean, or ml11 rlce, whether whole or broken,
ooated or unooated,

.0

as to render the produot lnto the oondltlon

ot -ailled rlo,- a. that terll 1. detlned'hereln.

Thls Act shall

al.o lnclude and suoh tax shall be pald on all rlce grown outslde
the State ot Texa. which lIa, be proces.ed or milled bl a Texas
rloe ml11er, a. that tera 1. deflned hereln; provlded turther
that thil tax 1. and lhall be on the act of ml11lng the rloe, and
ln no llaaner l i l t or shall lt be oonstrued aa an ocoupatlon tax. __
Sec. 6.

That sald tax shall be pald b, all rloe millers ln

the State ot Texas tor all rloe milled ln the State ot Texas and
.hall be payable with1n the tirst ten (10) daYI ot eaoh month tor
all rice 1I111ed durlng the preoeding calendar lIonth, whioh tax
.hall be remitted direot to the R10e Development Comal.s10n hereby oreated.

Any rioe

m1~er

tal1ing to pal laid tax with1n the

tlme Ipeoltled and al hereln re4u1red .nall paT a penalty ot ten

(10) per oent of the amount due, plu. one per oent " n t h tor
eaoh and every month ln which sald tax ls not paid.

-5-

i.cb, .

H. B. No. 136

Sec. 7.

That the Texas Rice Development Commission hereby

created shall have authority to check and examine the books and
record. of all rice millerl at all reasonable tlmes during
bu.inesl hours and take $Opiel ot the lame, ln order that lt may
collect the full amount of the tax hereunder, and Ihall have power
to file anr lult or lults or take anr other aotlons necessary to
toroe oolleotion or payment ot the lame.

!he said Commisllon ls

au'llorlzed to make such regulations as a&7' be neoessary to carr,

out the powers Telted in it br thls Act.

AnT person required to

keep anr reoords or IUpplJ any information for the purposes of the
oomputation ot the UlOUftt.<&1e under this Act, who wlltu117 falls

to keep suoh records or supply suoh lnformatlon, shall be gullty

of a misdemeanor and upon oonviotion thereof be tlned not more
than J'1n bndred Dollars ($500), together wlth the ooste of
proaecrut1on, and eaoh failve IItall $Onatitute a separate offense._
Seo. S.

!kat the Texas Rlee Development Commlss10n hereby

ereated shall have full ..thorlty to spend sald tunds so collected

ln the a4a1n1stratlon of th1s Aot, ln the promotlon of sales and
adTe:rUs1ng of Texas 1'1041 and rloe produota, and tor research ln
and development of new Ulel for rice and rioe produots, and may
cooperate and aot jolntl:r wi. . .mmillSlon., bo8l"il.I. departments,
or other authorltl.s baT1al similar powell" and purpo created
or whioh ml.1 be oreated . . Statutes ot the states of Louisiana and
Arkansas, and sald money may be eXpend.d ln a Jolnt effort b1 the. __

-8-

H. B. No. 136

three ,tate coma1,sions. boards. depart.ent,. or authorities.

Ac-

curate books end records ,hall be mainta1ned at all times, reflecting the operations of the Commi"ion. and such books and records shall be available for public audit and inspection. _ _ __
Sec. g.

That the Commission shall .erve without pay. ex-

cept the members thereof shall receive not in exoess of Ten Dollars ($10) per day for everT day aotually expended in oonnect10n
with their duties as provided. _________

ORGANIZATION
Seo. 10.

p~

AUTHORITY

The Comaissicn shall seleot all neoessary em-

ployees to oarry out the prov1s1ons of this Act, prov1ded thst

such employees shall be paid the lame salaries 86nrovided in the
.: A '
I.
general appropriation bill for such s1milar worki~{end provi'ded
that the Legislature of the State of Texas shall set the sElaries
and expenses to oarry out the prov1sions of this Act.
Sec. 11.

~~~_______

Regardless ot the other provis1ons of th1s Aot,

s.ll duties and funotions herein delegated to the Texas R1ce

Commission ,hall be and are hereby delegated to the Department of
Agr1cul ture and shall be

~n1stered

by and under s8.id Department

or any other state Agenoy hereafter oreated to perform the present

duties of the COmmissioner and Department of Agriculture, 2nd the
Commiss1oner or Board ot Agriwture shall appoint

8.

Texas Rioe

Development Coamission in accordance with this Aot to work

with the depart.ent and the Commissions of other states in an ____

-7-

H. B. No. 136
advisory oapaoity, but as a part ot the Department ot Agrioulture
and not ae a separate or new State Agen01. ________
Seo. 12.

That the said Commission shall have 8uthority to

presoribe torm. upon whioh rioe m11lers shall be required to make

monthly returns ot the rioe milled and sold by them and the
manner in whioh suoh return. shall be made.
Seo. 13.

That this Aot shall beoome etfeotive on the first

da1 of August after the Legislature. of Louisiana and Arkansas

shall have adopted a similar statute, assessing a tax of not less
than

~10

(2) Cents per one hundred (lOO) pounds ot milled rice

whioh may b, 1II11led ln .ald States, and oreatlng similar Cornmlsslon., Boards, Department., or other Authoritles with similar powers and purposes.

The prOVisions of this Section and of Section

4 and Seotion 7, or any other Section or part of this Act in whioh

the validity ot suoh Act depends upon, orvis connected \';i th,
.imilar aotion by the Legislatures of Louislana and Arkansas,
eMll be satisfied by the creation and vestlng of such Il.uthority
in any state Offioer, Board, Commi.sion, Department, or other
Authority ln the States ot Loui.iana and Arkansa., providing the

-9-

H. B. No. 1:36

!!!! powers are delegated to suoh Off1oer, Board, Oomm1ss10n,

Depar'-ent, or other Authorlt"

and provldlng that a tax i8 levied

ot not les8 tb&n the amount levied hereln tor suoh purposes. _____
8e. 14.

that the oreation ot a Rioe Development Comm188ion

tor the State ot Louisiana, levying the same tax as hereln levied
in this Stat., tor the same powers and purposes, and vesting the
authorlt, ot the Rioe Developaent Commlss1oD tor Louislana, under
Ao. No. ill ot tlle lIMO Leglslature, ln the

~partnt

and

Direotor ot the Departaent ot Agrioulture, the Department aDd

Dire.tor of the Department ot Flnanoe, and the Department aDd
Dir.otor .t t)e D.partaeat ot Reveaue tor the State ot Louls1ana
oreated

Aot No. 47 and Aot No. 48 ot the 1940 Legislature, is

w1th1n the teras ot thls Act, .. that this Act shall beoo
etteetlve on the tlrst 4&, ot August atter the Legislature at
Arkansas shall have adopted a Statute similar in purpose to this
Aot, or to Aot 10. 112 ot the 1940 Legislature ot the state ot
Louislana, and levied a tax at not less than !wo (2) Cents per
hundred pounds ot al11ed rioe tor slmilar purposes. ______
8eo. 11.

fhat

1t

an, word, phrase, senteno., paragraph,

or portlon ot this Aot shall be unoonstltutlonal, it shall not

atteot the val1dlt, ot the remalnlng port10ns ot this Aot, but
the same shall be oonstrued to be ettectlve, as though the
URoonstltutlonal word, phrase, se.teaoe, paragraph, or portioD
\

thereot were elimlnated.

~,

o/,YGL
V~

"----.

Seo. 11.

'l'h1s Aot shall exp1re ln Wet (2) ;rears atter the

date lt goes lato etteot, but the Rio. Development Commission

----i-

H. B. No. 136
.hall continue to 01)erate its program so long as any tunds remain
on hand, after vh1ch 1t shall be d1ssol.ved by order of the Oomm1s81on and &11 reoorda 4epoaited with the Department of AgricUlture. ______________
leo. lISa.

That thie Act shall expire in two (2) years

atter 1t. effectiTe date unless at least s1%ty (60) per cent ot
the rice growers and r1ce m111er8 of Texas, as those terms are
def1ned herein, Toting at an election to be held 1n each count1
in Texas in wh10h r10e 18 grown or m1lled on the last Saturday
1n JUly 111 1943, vote to extend the operation at th1s Act and the
Tax.. Rlee D..elopa8nt Program tor another two (2) years.

It

less than slxty (60) per oent at those votlng at such election
tail to vote inraTor of the extension of the operation of this
Act, then the same shall expire two (2) years after its etfeotive
date.

It at least s1xty (60) per oent at those votlng at suoh

eleotlon tavor the extension, then this Act shall oontinue in

stfeot for an addit10nal two (2) years trom It. etfect1ve date,
and .1milar eleotions shall be held on the last Saturday of JUly,
1945, and eTery two (2) years thereatter
ot suoh Act

oont~ee

operation at same

'0

long as the operation

in etrect, so a8 to determ1ne whether the

shal~

be pntinued or whether lt shall expire. __

Such eleotlons shall be held by the County Olerk of each

couaty in'vh1Gh one or more rice growers or r10e m1llers grow or
mill rioe, and ballots shall be furnished for each grower or
miller, at an,. t1me trom "1:00 A. K. to 7:00 P. X. ot eleatlon
day, who sbe]] reg1ster his name with the Clerk on a llst whioh

shall conta1n the names of all persons voting at the election, _____

-10-

H. B. No. 136
and eaoh person shall make affidav1t upon s1gning such l1st that
he either is a Texas rice grower or a Texas r1ce m111er, as those
teras are defined ....eln, and that he gron or m111e rlce 1n such
county, after wh1ch he shall be g1ven a ballot by the Clerk,
wh1ch shall be secret and cast 1n the same manner as 1n regular
general e1ect1ons, and which shall read as folloW8:

'For the

extenslon of the operat1cn of the Texas Rlce Development Law for

two (2) years" and 'Against the extenslon ot the operatlon of the
.Texaa Rloe DeTelopmentLaw tor two (2) years,' whioh shall be

marked by the voter as ln general e1eotlons and canvassed by the

County Clerk ot eaaA county and reported to the Secretary of State
on the Kondayfollaw1Qg the electlon, and the 5ecret8r7 of State
shall oanvass the returns of the County Clerks on the second
Monday tollOY1ng the eleotlon, and announoe the reattlt and under
hia off1clal seal declare the number of votes for and number
agalnst by counties, and declaring the total, and that the operatlon ot the Act w111 explre or be extended, as the case may be,
ln accordance with the terms and conditlons of this Act, which
aotlon ot the Seoretary of State shall constitute the official
reoord of the extension or explratlon ot the operat10n of thls
Act.
~

prlntlng of ballots and all costs ot each election held

under thie Act shall be pa1d out of the adm1nlstration expense

of the Texas Rioe Oemmlaelon, includIng a fee of Ten Dollars ($10)
to eaoh County Clerk whose oounty casts flfty (60) or more votes
and Flve Dollars ($5) to eaoh County Clerk whose county casts
more than one but lesa than fifty (50) votee ln such election}
and such ballots and return sheets shall be furnlshed by the
Texas Rlce Commle81on.

-11-

H. B. No. 136

Beo. 17.

The faot that great eoonoml0 . .ste and 10s8 of

property and property values is belng sustalned by the rioe

lndustry of Texas, which ls one of the State's largest farm orops,
by laok ot proper researoh tor new uses and preventlon of i'laste
through laok at proper advertlslng and dissemination of publio
lnformation neoessary for tbe development and promotion of the
sale of rice grOWl'l in Texas, and to prevent l"1aste in the industry;
and beoause of loss of toreign markets because of vorld condltions; the ab1lity at the Texas pioe grover and miller to oontribute appropriate amounts to the support ot the ordinary
governmental and educational functions of the State is imper1led,
and

the

burden of the other 9itizens of Texas will be thereby

1ncreased; and beaause public neoe.slty, and the pub11c i'lelfare

of Texas demands that th1s important 1ndustry be proteoted from
waste and great losses, so a. to help the State and entlre
cltizenship; oreates an emergenoy and imperatlve publlc necesslty
that the Constitutional Rule requiring bills to be read on three
separate days be and the same ls hereby suspended, and thls Act
shall take effeot and shall be ln foroe on the dates provlded
for hereln after the date at lts enaotment, and it ls so enaoted.

Coa1ttee Booa
JprU 23,19J,l

Hon. Coke I. Ste...elClll

President ot the Seate
S i rl

We, 10Ur CoIIIIittee 011 Agr1.CI1lture, to whoa was reterred

H. B. 136, a bill to be 8lltitled
Act to proaote, 8llcourage, increase, ad
stiaalate the use end sale Gt i'eDS rice;
declaring the legislatiTS intEDt with reterece to the rice indllstry; pronding a title
tor the Act; creating a Rice De....lopaalt eo.81SlliClll; detiDiDg terms; le~ a tex or alllIell_EDt 011 rice Id.lled in the State ot i'uas;
JmLT.I.d1ag tor ~., _coll--""tr1p~,~.Jltfi. providing penalty to be aBliessed tor tai~ure -tOpq
said tex; ginng certain authority to the Rice
DemopaeDt Couillaion; requiring the keeping
ot certain records; providing penal' tor failure to ~ with this Act; md declaring lUI _ergIllCY.
haTS had the lIIIIIe 1lIlder coDsideratiClll, ad I am instnlcted to
report i t bUk to the Senate with the reco_endatiClll that it do
pass with aaendamt hereto attached end be printed all ammded.

Amendmen t No .,_..;/:.,..__

!\.mend HOllBe Bill No. 136, E1~tion 3, Page 2, Line 35,

by striking out the words " BY~ Governor of this State "

Amendment NO,_________

,!:'.end Rouse Bill No, 136, Section 10, Pal'e 3, Line 53,
by stl'ikinv out all after the
55

'~rc

substituting in lieu t

jn

tel'eo~

line 53, gll of lines 54

the foll.wir.g:

~!ld

"all funds

1t~.

collec oed hereunder are hereby eppropriated to a Texas Pice Devel.pment Commission for tlte pllrpose of carrying out the provisions
of t.hl,; Act and the Legislature shall eve

uthori ty to chanfe any

sabri es set by the Commission provided, however, that administrative

exrcnses shall neve::-

MAY 21 1941
.~~
,

APOP'r:W:
,I--;/'.
. I

\,

1/
j.Jt...
V \"~ll

excee~':~;j

I:. '.-

u.

~~

~
t"_.,_~l".;
'~_!'.'l.
'.-"

Sea-ttary of the Senate

the fllnds collected for each yeBr."

Shivers.

/i:.,
.;

...

APe n:i Iff! nt

ll.mend H0 \l88 Bill No. 136. Secti ali 16. Page.~. by .

,.
:.
'"
striking out said section Qnd1nsertin!,: ill lieu thereof the
'.

following: 'se~e>!\ il6. If this Act !lbal!

E'

xpire the Rice Je-

,elopment Commission shall 90Iltinu~.;t'0 operata

its

J>1'Ogram so

long as any 'funis.remain ..onliaDii"after which i t shsllbe desolved'

.bY order

at: the

CQ!III1lission and all records deposited with

ment of "f"ricul ture-:

SHrJERS .

Dep~rt

/~

i
I

H. B. No.

13~BY:

Daniel
McLellan
Brown
Lowry
Duckett '.
1;ontg~ry
V{inf,ree

/1 ....:.A.

'fHct"lierewi th, fixing the effective date of the Act; and declar:d.ng an emergency

;e.. ~~,,"'

foN ACT to promote, encourage, in,.'

crease, and stinlula te the"

use and sale of rice; to
promote the prosperity and
welfare of rice growers and
producers in the State of
Texas through the conducting of Ii publicity, sales
promotion and development
campaign; to conduct research in and develop new
uses for rice and rice
products; to levy and impos~\
a tax or assessment on rice:
milled in the state of
Texas, and to,provide for
the collection thereof to
create a rice development
fund; ~o create a rice development commission to ad ..
minister and to control th.'
rice d evelopmen t campa ign.'
and to provide the po~rs.
duties and authority and till
define the ternts of said "
commission to p-rovide pen~.-,
alties for the violation cif'c
this Act; to provide for "',
cooperation and joint actiQlli
in said developDi'BIl tcampai~
with officers, boards, CODi~
missions, department or
other au thorities created G1Ii'f;,
which Jnay be created in the
States of Louisiana and
Arkansas upon which similar
powers, duties and p~rposes
have been or may be conferred; to repeal all laws
or parts of laws in con-

15T TIME
N
R"I\D
c.
~""M\TTFE 0
EfERREDTO~

lItHIORITY W'(llli filED: , _ ' ,

fiUJlb W4t

;: --v-6t. ~ .

FIB ~Ii 1941 RETURNED FROM

'lIAR 6 lS41
,';

PRIN1ER, SENT

~ i-

......"."'"""".".. ".,,, LAID ON THE

TABLE SUBJECT TO CALL

wl:;,~

v..r ", ' ,

~. ~
oJ&' ~ .... ~ 4-8' V'-~

tii01l0N 10 PRlN1 9N MINOR;, Y RlPORl

'

TO SPEA.KER;

" ,-.,'. ~
1.91.'11",
'.r\1.
~
..

APR

By -

al

H. B. No. 136

A BILL TO BE ENTITLED

AN ACT

to orgmote, encourage, increase, and stimulate the use and

Texas rice; declaring the legislative intent with
reference to the rice industry; providing a title to~ the
Act; creating a Rice Development Commission; defining terms;
levying a tax or assessment on rice milled in the state of
Texas; . providing for the coIl ecti on thereof; providing
penalty to be assessed for failure to pay sald ta,x.;. giving
oertain authority to ther.lce Develo.pment(!ommi'~'61Gn,~.co:,
quiring the keepl1lg o1"cert"ain records; providing penalty
for :t'allure to comply with the Act; . - .anddeo~a,r1ng _
emergency.c.'___________

~~', sale-of

I"'" . . ;"
~~

1-27-41

Fiead first time and referred to Committee on AgrlcultUz:oe.' ......._

2-25-41

Minority report filed. _ __

2-25-41

Motion to print on minority report prevailed by a vote

of 58 Ayes and 48 Noes. _ _ __

2-26-41

Returned from Printer, sent to Speaker. _______

3- 6-41

Read and laid on the table subject to call.

4- 1-41

Motion to take up and consider at this xime H. B. No.

1'36 prevailed by a viva voce vote. ______..,.......,.

4, 1-41 Read,amendments offered and peho.1ng. _______

4- 2-11
4",,__

z.:.41

Read second time, amended, and ordered engrossed.

.!~I!,s,.?8,~ayEi 5() .. , - - - - ~t~-ta-~:tUl"the 3~e-~~-;:QS..-:~7?!$~,

was engrossed and to table the motion to reconsider

prevailed by a vote of Yeas 67, Nays 57. ~________
E. R. Lindley' .

Chief Clerk.

Constitutional Rule requiring bills to be read on three

several days failed to suspend by a fou~fifths vote.
Yeas 59, Nays 57. ______

4- 2-41

Sent to Engrossing Clerk.

4- 2-41

Engrossed.

SENT TO SPEAKE:t
~DR

APR 41941

__.-_

41S 4,i

-_.-_.............. . R~ad etc! r lit

an~ Pilled
-.~ ..~..~ ..... .
h1

iuIlC'tie:"

of R.

4- 2-41

RETURNED fROM ENGROSSIItG{;I.ERK., ,

ft.

.....

iPIIe, Y! ...I ............................

..............
APR 4 1941

SENT HI SI:.NAI E.

IIPR

IN 'l'JJ1ll ."
pv
~ ~""'.'
~..
..,_.-

~"W1 !"'~~

- - - - Received frtml'

the

Hou~e.

APR 9

1~_~~...,_.... Read

IIlld Tei~rreJ

on._

first time

to Committee

L?;*,:!~

i!IPR 2 ~ 1941

.... .... ....-..-.----Reported Pa vo rablyM)i..'d...

'S..ct a...o ~ ~~ (~(. ~

MAl 14 1941
MAr 21 '41

Con"titu ional

MAY 21

t9'l,vO

~.

Ie suspended b

w---&. I'h\.~ "1../.

bi~vt) ~ I

<-'Onsid

r?~
MAY 21 1941

""

~~""'"
b, f~_
. Kill I
1:2.7-/)

. "..;.;:~

MAY 2 1 194 T
READ THIRO TIME AN}) PASsEU
BY TflE Fo
WING V~:

t--t/=__

Nay!:::>:

- - - - _...1BfT
~UAn~

....

194r-' .

ao~

ltJ_

Returned from
the s"nate

MAY 221941
...............:.-..

-.........

Th

e Honse has

O~Otlrred in Senate amendment a to

No 1.3 h
. ~ .'. 6 (p....... yeas
.---.......~ ... by velt'
3
., .. ,
-- _..
i4ou8e Bill

I4AY 22_

~JlI'O

SUBSTITUTE FOR
H. B. NO. 136

BY: D.ANIEL
ICIlWID

HUTCHINSON
MoLELLAlrDUCKETT
WINFREE
BROWN

NICHOLSON
MONTGOMERY
LOWR!'

AN ACT to promote, enoourage, inorease, and stimulate the

use and sale ot Texas rioe;
to promote the prosperity
and publio weltare ot Texas
by preventing waste in the
rioe industry ot Texas
through inoreasing use ot
rioe produots by the OODduoting of a publioity,
sales promotion and development oampa1gn; to oonduot
researoh in and develop new
uses for rioe and rioe
produots; to levy and 1mpose a tax or assessment
on r10e m111ed in the State
ot Texas, and to provide
for the collection thereot
to oreate a rice development tund; to oreate a rioe
development commission to
administer and to oontrol
the rioe developmeQt program, and to provide the
powers, duties and authority and to define the terms
ot oft1oe of sa1d oommiss10n'
to prov1de when and how said'
levy or tax shall be paid
and collected and appropriating the fund to suCh uses;
prov1de pena1t1es for the
violation of th1s Act; to
prov1de for oooperat10n and
j01nt action 1n said development oampaign with ot-

f1oers, boards, oommissions, departments or other authorities

oreated or which may be oreated in
the States of Louisiana and Arkansas upon whioh s1mi1ar powers,
duties and purposes have been or
may be oonferred; providing tor an
e1eotion of rioe farmers and millers of Texas on the oontinuation
of suoh program every two (2)
years; providing a rule of OODstruotion; fixing the effeotive
date cif thla-Aot; and deo1aring
an emergenoy.