Texas Attorney General Opinion: H-764 Page: 1 of 2
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rIfTHE ATTORNEY GENERAL
or TEXAS
AUSTXN. TEXAs 78711
January 15, 1976
The Honorable John C. White Opinion No. H-764
Commissioner of Agriculture
Texas Department of Agriculture Re: Whether persons who
P. O. Box 12847 sell citrus fruit from
Austin, Texas 78711 door to door must be
licensed under the Citrus
Bonding and Licensing
Act.
Dear Commissioner White:
You have requested our opinion concerning an apparent
conflict between sections 22 and 4(b)(5) of article 118b,
V.T.C.S., The Citrus Fruit Growers Act. Section 22 of the
Act provides in part:
The provisions of this Act shall not
apply to a retailer of citrus fruit.
Section 4(b)(5), enacted by the 64th Legislature, provides:
For a license as a 'dealer' who sells
any citrus fruit from door to door or
from temporary locations, the sum of
One Dollar ($1).
You have asked whether persons described in section
4(b) (5) are "retailer[s]" within the meaning of section 22
and if so which provision prevails. The word "retailer" is
not defined in the Act. However, we need not fully explore
the scope of the meaning of "retailer" for in our view even
were these vendors within the normal definition of "retailer,"
the new section 4(b) (5) clearly removes them from the scope
of that term as used in section 22.p. 3228
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-764, text, January 15, 1976; (https://texashistory.unt.edu/ark:/67531/metapth271288/m1/1/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.