1. (a) In making payments from the fund the department can pay the aggrieved party all of the first $2,000 of any claim and no more than 70 percent of the claim above $2,000.
2. (b) The total payment of all claims arising from the same contract with a license holder may not exceed $35,000.
3. (c) The total payment of claims against a single license holder may not exceed $85,000 in any one calendar year.

4. (d) The department may not pay a claim against:

   1. (1) a person who was not licensed on the date the contract on which the claim is based was entered into; or
   2. (2) a cash dealer registered under Chapter 101.
5. (e) Payments from the fund during a fiscal year may not exceed two times the average amount of money deposited into the fund during the previous three fiscal years, except that surplus funds remaining at the end of each fiscal year are available for the payment of claims during any succeeding year. In no case shall payment of claims cause the balance of the fund to fall below $100,000.
6. (f) If a license holder owes money to the produce recovery fund at the time the license holder makes a claim against the fund, the department shall offset the amount owed to the fund from the amount dispensed.

Acts 1981, 67th Leg., p. 1276, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Amended by Acts 1985, 69th Leg., ch. 917, Sec. 15, eff. Sept. 1, 1985;

Acts 1995, 74th Leg., ch. 269, Sec. 19, eff. Sept. 1, 1995;

Acts 1999, 76th Leg., ch. 358, Sec. 23, eff. Sept. 1, 1999.