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Williams Code Annotated 1934, Vol. 7, Title I, Ch. 7, service, or anything so offered to the public, which Art. II—False Advertising—Continued.

advertisement contains any assertion, representapublishes, disseminates, circulates, or places before

tion, or statement of fact which is untrue, decep the public, or causes, directly or indirectly, to

tive or misleading, shall be guilty of a misde be made, published, disseminated, circulated, or meanor, and on conviction thereof shall be punplaced before the public in this state, in a news

ished by a fine of not less than twenty-five dollars paper or other publication or in the form of a nor more than one hundred dollars, or by imbook, notice, handbill, poster, bill, circular, pam- prisonment in the county jail not exceeding six phlet, or letter, or in any other way, an advertise- months, or by both said fine and imprisonment. ment of any sort regarding merchandise, securities, [1915]

Page

Vernon's Annotated Civil Statutes, Vol. 16, Title 93,
Ch. 7–Weights and Measures

Page Art. 5705 Enforcement; appointment of sealers -- 971 5706 Expenses

971 5707 Duties of commissioner

971 5708 Rules and regulations

971 5708a County sealers in certain counties; depu. ties

972 5709 Jurisdiction of sealers and inspectors

972 5710 Power as peace officers

972 5711 Record; reports

972 5712 State standards

972 5713 Same: Custody

972 5714a County sealers; deputies; combining districts

972 5715 Copies of standards to cities

973 5716 Correcting standards of cities

973 5717 False weights and measures; sale prohibited

973 5718 Certified standards; use

973 5719 Copies of standards

973 5720 State institution apparatus; testing 974 5721 City sealer: Offenses; penalty

974 5722 Supervision of local sealers

974 5723 Duties of sealers and inspectors.

974 5724 Sealing and marking

974 5725

Apparatus found correct or certified by
National Bureau of Standards; sale of
unassembled device

974
5726
Testing weights and devices

975 5727 Marking and tagging

975 5728 Fees

976 5729 Definitions

976 5730 Legal standards

976 5731

Standard of avoirdupois and troy
weights

976
5732
Standard for liquids

976 5733 Standard for solids

976 5734 Weights per bushel; ton; cord

977 5736 Contract construction

977 5736a Babcock test: Adopted as official test; enforcement

977 5736d Same: Right of entry; standard weights

and measures from United States, 977 5736e Same: Standard glassware

977 5736f Same: Investigation

977 Vernon's Annotated Penal Code, Vol. 2, Title 14, Ch. 5

-Weights and Measures
Art. 1035
Duty of local sealer

977 1036 Removal of seal; penalty

978 1037 False weights and measures

978 Sec. A Definitions

978 B Commodities, how sold; exceptions; definitions

978 с (1) Net container

979 (2) Deceptive pack

979 (3) "In package form" defined

979 D Standards for sale of milk..

979 E Standards for sale of cheese, meat, poultry, etc.

979 F Sale by net weight

979 G Misleading price signs

980 H Unavoidable discrepancies

980 I Penalties for violations

980 Art. 1038 Hindering sealers; penalty

980 1039 Refusing to permit test of weight; penalty

980 1040 Refusal to permit test of article; penalty 980 1041 Sealing wrongfully; penalty

980

Art. 1042 Failure to regard unit of measure; penalty

980 1042b Flour and corn meal: Standard weight

containers; marking requirements; ex

ceptions; penalties for violations 980 1043 Contract stipulation

981 1044 Receptacle containing mill product. 981 1045 Illegal containers for fruits and vegetables; penalty -

981 1046 Illegal packs of fruits or vegetables; penalty

981 1047 Public weigher

981 1048 Same: Weight certificate

981 1049 Same: Record of weights.

981 1050 Same: Issuing false certificate; penalty--- 982 1051 Same: Request for false certificate; penalty

982 1052 Same: Offenses; penalty

982 1053 Shipping at false weight; penalty

982 1055 Water, gas and electric meters; Inspection; penalty

982 1057 Same: Misreading; penalty

982 1057d Specifications and tolerances; penalties -- 982 Vernon's Annotated Civil Statutes, Vol. 2, Title 28, Ch.

4-Cities and Towns Art. 1015 Municipal powers

983 Vernon's Annotated Civil Statutes, Vol. 2, Title 28, Ch.

10_Cities and Towns, Gas and Electric Meters Art. 1124a Testing upon complaint; report.----- 983 Vernon's Annotated Civil Statutes, Vol. 1, Title 4, Ch.

5- Commercial Fertilizer Art. 94 Marking requirements

983 103 Seizure

983 105 Bulk sales

983 106 Standard weight containers

983 108 Definitions

984 Vernon's Annotated Penal Code, Vol. 3, Title 19, Ch.

12–Commercial Fertilizer Art. 1716 Definitions

984 1717 Penalty for selling misbranded article --- 984 Vernon's Annotated Civil Statutes, Vol. 1, Title 4, Ch.

7A–Article 135b_1, Insecticides and Fungicides
Sec. 1 Definitions

984 4 Misbranded articles

984 5 Marking requirements

984 8 Notice of misbranding

984 12 Penalties for violations

985 14 Condemnation and forfeiture

985 16 Exemptions

985 Vernon's Annotated Civil Statutes, Vol. 1, Title 4, Ch.

6-Fruits and Vegetables Art. 109 Standard containers

985 110 Packs

985 114 Snap beans: Hamper weights

986 115 Barilett pears: Packing

986 116

Irish potatoes: Estimate and deduction
of dirt

986 118 Enforcement of chapter; rules and regulations

986 118a Citrus fruit

986 Sec. 2 Inspection

986 5 Rules and regulations as to marking of containers

986 14 Deceptive pack

986 19 Public weighers

987

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Vernon's Annotated Civil Statutes, Vol. 1, Title 4, Ch. 6Fruits and Vegetables Continued.

Pago Art. 118b "Citrus Fruit Growers' Act".

987 Sec. 1 Definitions

987 2 License and bond of dealer

987 11 Buying by weight

987 14 Commissioner's power and authority in enforcing act

987 22 Exemptions

987 Art. 118c-1 “Tomato Standardization and Inspection Act"

987 Sec. 1 Authority of commissioner

987 2 Deceptive pack defined

987 7 Rules and regulations relating to pack and containers

988 9 Containers

988 10 Inspection contributions

988 11 Prohibited acts; penalties

988 Art. 118c-2 “Cabbage Standardization and Inspection Act"

988 Sec. 1 Authority of commissioner

988 2 Deceptive pack defined

988 7 Rules and regulations relating to pack and containers

988 9 Containers

989 10 Inspection contributions

989 11 Prohibited acts; penalties

989 Art. 118d Texas Citrus Commission"

989 Sec. 14 Standard packed box for tax purposes.-- 989

994

Vernon's Annotated Penal Code, Vol. 2, Title 12, Ch.

2—Citrus, Penal Provisions Art. 719-b Penalty for violation of Article 118a_--- 989 Vernon's Annotated Penal Code, Vol. 3, Title 19, Ch.

10A—"Citrus Fruit Growers' Act,” Penal Provisions Art. 1700a-3 Penalty for violation of Article 118b_--- 989

Vernon's Annotated Civil Statutes, Vol. 12, Title 67,

Ch. 1-Game, Fish and Oyster Commission Art. 4018 Verification of weights and measures--- 993 Vernon's Annotated Civil Statutes, Vol. 16, Title 93,

Ch. 3—Warehouse Corporations, Standards of

Weights and Measures
Art. 5602 Standards of weights and measures

993 5611 Certain offices and departments abol

ished; transfer to Commissioner of
Agriculture

993 Vernon's Annotated Civil Statutes, Vol. 16, Title 93,

Ch. 5—Cotton Art. 5679b Deduction for deficiency in weight of bale

993 5679c Recovery of double amount of unlawful deductions

993 Vernon's Annotated Civil Statutes, Vol. 16, Title 93,

Ch. 6—Public Weighers Art. 5680 Definition; exemptions from act 5681 Appointment

994 5682 Requisites of appointment

994 5683 Election

994 5683a Office in counties of not less than 25,600

nor more than 25,700 population 994 5683b Office in counties of not less than 55,700

nor more than 55,800 population 994 5684 Qualifications

995 5685 Term

995 5686 Procedure to abolish elective office

995 5687 Bond of appointed weigher

995 5688 Bond of elective weigher

995 5689 Filing bond and oath of office

995 5690 Certificate of authority

995 5691

Deputy weighers: Appointment; bond.-- 995 5692 Special weighers

996 5693 Compliance with law

996 5694 Commissioner to supervise

996 5695 Duty of commissioner

996 5696 Weight certificates

996 5697 Seal

997 5698 Record of weights

997 5699 Placement of commodity

997 5700 Tagging or marking commodity

997 5701 Re-weighing 5702 Suspension or dismissal

997 5703 Unlawful to employ other than public

weigher to weigh commodity; penalty 997 5704 Owner may weigh own commodities;

weigher other than public weigher;
bond

997 5704-A Public weighers in counties with pop

ulation of not less than 290,000 nor
more than 320,000

998 Vernon's Annotated Civil Statutes, Vol. 3, Title 32, Ch.

1-Corporations for Operating Public Scales Art. 1302 Public scales: Private corporations may

be formed for purpose of owning and

operating Vernon's Annotated Civil Statutes, Vol. 17, Title 95,

Ch. 2-Mine Scales Art. 5912 Owner to provide scales; examination by inspector

998 5913 Check-weighman

998 5916 Enforcing agency

998

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997

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998

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Vernon's Annotated Penal Code, Vol. 3, Title 18, Ch. 8Mine Scales, Penal Provisions

Page Art. 1607 Penalty for violating three preceding articles

998 Vernon's Annotated Civil Statutes, Vol. 20, Title 122,

Ch. 2—“Motor Fuel Tax Law"
Art. 70656–19 Comptroller authorized to measure con-

tainers; rules and regulations; design
of vehicle tanks; testing and measur.

ing of tanks; exemptions; violations -- 998 Vernon's Annotated Civil Statutes, Vol. 21, Title 128,

Ch. 1—Measurement of Water Art. 7538 Standard unit

1000 7539 Same

1000 7540 Cubic foot

1000 7541 Acre foot

1000 General and Special Laws, 51st Legislature, Regular

Session, 1949, Ch. 519—"Standard Gas Measurement
Law"
Sec. 2 "Cubic foot of gas" defined.

1000 4a Railroad commission: Duties

1000 5 Sale of gas

1000 6 Saving clause

1000 Vernon's Annotated Penal Code, Vol. 1, Title II, Ch. 8

-Beer Containers Art. 667-1 Definitions

1001 667-8 Unlawful acts

1001 667-24 Unlawful to sell misbranded article... 1001

1002

1002 1002 1003

Vernon's Annotated Penal Code, Vol. 2, Title 14, Ch.

11—Petroleum Products Art. 1108 Scales and measures: Only accurate de

vices to be used 1109 Same: Sealing of inaccurate devices;

breaking of seal 1110 Enforcing agency; offenses 1111 Penalties for violations 111la Measuring amount of oil or gas pro

duced; record Vernon's Annotated Penal Code, Vol. 2, Title 14, Ch.

11-False Packing Art. 1114 Penalty Vernon's Annotated Penal Code, Vol. 3, Title 17, Ch.

16—False Advertising Art. 1554 Unlawful acts; penalty

1003

1003

1003

lature shall provide from time to time by appropriation other estimated expenses to fully carry out the provisions of this chapter (Arts. 5705– 5736f]. (1919)

Vernon's Annotated Civil Statutes, Vol. 16, Title 93,

Ch. 7–Weights and Measures.1

1 For penal provisions, see Arts. 1035–1057d, pages 977–982. Art. 5705. Enforcement; appointment of sealers.

The Commissioner of Markets and Warehouses 1 shall have power and authority to enforce, or to be enforced, any provision of this chapter (Arts. 5705–5736f]. He shall appoint a chief deputy, who shall be known as Chief Deputy of Weights and Measures. In the absence or inability of the Commissioner, such deputy may perform any duty required by the provisions of this chapter. The Commissioner shall also appoint such additional deputies from time to time to serve as sealers of weights and measures, as may be provided for by appropriation. He may also designate such inspectors, lecturers, or employes, serving under him as Commissioner, as sealers of weights and measures. (1919)

1 Now Commissioner of Agriculture. Office of Commissioner of Markets and Warehouses, the Markets and Warehouse Department, and the Weights and Measures Department were abolished and powers, duties and functions transferred to the Commissioner of Agriculture. See Article 5611,

Art. 5707. Duties of commissioner.

The Commissioner (of agriculture] shall investigate conditions throughout the State, and especially in all the cities and towns in the State, with respect to weights and measures, and the sale of goods, wares and merchandise, commodities, and the food stuff and feed stuff sold in packages or containers, and also all kinds of feed, fuel or ice that is sold by weight or measure. The Commissioner shall annually report to the Governor, and shall, prior to each regular session of the Legislature, file a copy of such report made by him to the Governor, together with his recommendations, with the Legislature of the State. [1919]

page 972.

Art. 5706. Expenses.

Such deputies, together with the chief deputy and the Commissioner (of agriculture], shall be entitled to their actual traveling expenses when traveling on business for the State, and the Legis

Art. 5708. Rules and regulations.

The Commissioner (of agriculture] shall issue instructions and make such rules and regulations for the government of all State sealers of weights and measures, deputy sealers, inspectors and local sealers, as he may see proper in order to carry out the purposes of this chapter [Arts. 5705–5736f). All such rules and regulations so issued by him shall have the same force and effect as if they were enacted into law. 1919

Vernon's Annotated Civil Statutes, Vol. 16, Title 93,

Ch. 7–Weights and Measures—Continued. Art. 5708a. County sealers in certain counties; deputies.

Sec. 1. The Commissioner's Court in each county having a population of not less than sixtynine thousand, four hundred (69,400) and not more than seventy thousand (70,000), according to the last or any succeeding United States Census, may in its discretion appoint a county sealer of weights and measures. He shall be paid a salary to be determined by said Court, said salary not to be less than Fifteen Hundred Dollars ($1500) a year, and no fee shall be charged by him or by the county for the inspecting, testing, or sealing or the repairing or adjusting of any weights, measures, or weighing or measuring devices. Whenever the Court shall deem it necessary, one or more deputy sealers of weights and measures may be appointed to hold office under the same conditions as those specified for the sealer of weights and measures, and the salaries of such deputies shall be fixed as in the case of the sealer of weights and measures. All deputies appointed shall have the same powers and may perform the same duties as the county sealer, when acting under his instructions and at his direction. Provided that the appointments of all county sealers and deputy sealers being made under the provisions of this Chapter [Art. 5708a) shall be subject to the approval of the Commissioner of Agriculture.

Sec. 2. All county sealers appointed under the terms of this Act (Art. 5708a] shall have the same power, authority, duties, and responsibilities as are conferred upon all State and local sealers, in the performance of their official duties by the laws of this State. The jurisdiction of all county sealers and deputy sealers appointed by the Commissioners Court of any county in this State shall be coextensive with the limits of said county.

Sec. 3. Nothing in this Act (Art. 5708a) shall be construed to prevent two (2) or more counties, or a county and a city situated therein, from combining the whole or any part of their districts, as may be agreed upon by the Commissioners Courts of the counties, or such Court of the county and the Mayor and the Common Council of the city, with one set of standards and one sealer, upon the written consent of the Commissioner of Agriculture. A sealer appointed in pursuance of an agreement for such combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each of the authorities who are parties to the agreement. (1941) Art. 5709. Jurisdiction of sealers and inspectors.

The jurisdiction of all State sealers, deputy sealers and inspectors appointed by the Commissioner (of agriculture] shall be co-extensive with the limits

of the State and they shall have a right to inspect weights and measures in any and all districts or localities designated by the Commissioner. The jurisdiction of all local sealers of weights and measures appointed by the governing body of any city in this State shall be co-extensive with the limits of said city. [1919] Art. 5710. Power as peace officers.

The Commissioner (of agriculture], his deputy, sealers or inspectors and all local sealers and their deputies in the performance of their official duties, shall have the same power as peace officers in this State. [1919] Art. 5711. Record; reports.

The Commissioner (of agriculture] shall keep in his office a complete record of all acts done by him; of all inspections made throughout the State, and a record of all prosecutions for the violation of any provision of this chapter [Arts. 5705–5736f). He shall keep an accurate record of the reports of all the various sealers of weights and measures, deputy sealers and inspectors appointed by him, or under his direction, as well as a record of the inspections of all local sealers of weights and meas ures appointed by the various cities of the State: such record shall always be open to the inspection of the public. Copies of such record may be had by application therefor, together with the necessary cost of making such copies. [1919] Art. 5712. State standards.

The standard of weights and measures received from the United States under a resolution of Congress, approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto, or in renewal thereof, and such as shall be procured by the State in conformity therewith and certified by the bureau of standards, shall be the State's standards by which all State and municipal standards of weights and measures shall be tried, authenticated, proved and sealed. (1919) Art. 5713. Same: Custody.

The standards referred to in the preceding article shall be kept by the Commissioner (of agriculture in a safe and suitable place in his office, from which they shall not be removed except for repairs or certification. He shall maintain such standards in good order and shall submit them, at least once in ten years to the National Bureau of Standards for certification. He shall purchase such apparatus as shall be found necessary to a proper prosecution of work of the office. [1919) Art. 5714a. County sealer; deputies; combining districts.

(1) The Commissioners Court in each county in Texas may in its discretion appoint a county sealer of weights and measures. He shall be paid a salary

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