Section 52.016 - Marketing Contract(a) A marketing association may execute a marketing contract with its members requiring the members to sell, for a period not exceeding 10 years, all or a specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association.(b) The contract may provide that the association may:(1) sell or resell its members' products with or without taking title to the products; and(2) pay to its members the resale price less necessary expenses.(c) The expenses that may be deducted from the resale price under Subsection (b) of this section include: (1) sales, overhead, and other expenses;(2) interest on preferred stock, not exceeding eight percent a year;(3) interest on common stock, not exceeding eight percent a year; and(4) reserves, including reserves for redeeming any stock issued.(d) A marketing association's bylaws and marketing contract may:(1) fix as liquidated damages specific amounts to be paid by a member if the member breaches the marketing contract regarding the sale, delivery, or withholding of products; and(2) provide that the member will pay all costs, premiums for bonds, expenses, and fees if the association brings an action on the contract.Tex. Agric. Code § 52.016
Acts 1981, 67th Leg., p. 1105, ch. 388, Sec. 1, eff. 9/1/1981.