Sec. 41.214. REFUND OF ASSESSMENTS

(a) Except as provided by Subsection (d), a grain producer who has paid an assessment under Section 41.206 may obtain a refund of the amount paid by filing an application for refund with the board.

(b) The application must:

(1) be in writing, on a form prescribed by the board for that purpose; and

(2) be accompanied by:

(A) proof of payment of the assessment; and

(B) an affidavit stating that the grain producer does not wish to participate in or be covered by the indemnification established under this subchapter.

(c) A grain producer who receives a refund under this section may not make a claim for indemnification under Section 41.208 for the grain for which the refund was received.

(d) If requests for refunds under this section exceed the amount of the board's budget allocated for the payment of claims, the board shall issue refunds to each grain producer on a prorated basis without regard to the order in which requests for refunds are made. The board shall pay the remainder of the amount owed to each grain producer on a prorated basis from future revenue as the revenue is collected.

Added by Acts 2011, 82nd Leg., R.S., Ch. 991 , Sec. 3, eff. September 1, 2011.