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Texas Agriculture Code - Chapter 14 Regulation Of Public Grain Warehouse OperatorsLegal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Chapter 14 Regulation Of Public Grain Warehouse Operators Sponsored Links(a) In this chapter: (1) "Depositor" means a person who: (A) delivers grain to a public grain warehouse for storing of the grain for hire, ... This chapter does not apply to: (1) a public grain warehouse covered by a license for the operation of a public grain warehouse issued by ... (a) The following information, prepared by the department in the course of its regulatory authority under this chapter or required to be submitted to the ... (a) The department may intervene in a suit for receivership, garnishment, bankruptcy, or any other legal action affecting the assets of a warehouse operator licensed ... (a) A person appointed receiver for the assets of a warehouse operator licensed under this chapter is not required to obtain a license from the ... The department shall administer this chapter and may: (1) investigate the storing, shipping, and handling of grain and complaints relating to these activities through the ... A person may not operate a public grain warehouse without first obtaining from the department a license in the person's name covering the warehouse. Acts ... (a) In this section: (1) "Combination" means a group of two or more public grain warehouses or facilities operated under a single set of complete ... (a) The department may issue, renew, or amend a license following a determination that: (1) the applicant has filed an acceptable bond, a financial statement ... A warehouse operator may not use any increased warehouse capacity without first obtaining written approval from the department. Acts 1981, 67th Leg., p. 1048, ch. ... (a) In accordance with this section, each applicant for a license shall file or have on file a bond with the department. (b) The bond ... (a) If the department determines that an approved bond is insufficient, the department shall require the warehouse operator to give additional bond. (b) If a ... (a) A warehouse operator may not cancel a bond approved by the department unless the department first gives written approval of a substitute bond. (b) ... (a) A warehouse operator may not cancel a letter of credit approved by the department in lieu of a bond unless the department gives written ... (a) A warehouse operator may not repossess a certificate of deposit or cash approved by and deposited with the department in lieu of a bond ... (a) Except as provided by Subsections (c) and (d), an applicant for a license must file or have on file with the department a certificate ... (a) A warehouse operator may not cancel an insurance policy approved by the department unless the department gives written approval of a substitute policy. (b) ... (a) If the department determines that an approved insurance policy is insufficient, the department shall require the warehouse operator to obtain additional insurance. (b) If ... Each warehouse operator shall immediately on receipt of a license post the original in a conspicuous place at the primary recordkeeping location for the individually ... (a) The obligations of a warehouse operator include the obligation to: (1) deliver grain to a person holding a receipt for grain stored in the ... (a) A warehouse operator shall use one set of serially numbered and sequentially issued receipts for all warehouses operated under a single license. In addition ... (a) On receiving grain, a warehouse operator shall issue to the person delivering the grain a serially numbered scale weight ticket in a form approved ... (a) Except as otherwise provided by this section, if a receipt issued under this chapter is outstanding, another receipt covering all or part of the ... A warehouse operator may issue a receipt for grain that is owned by the warehouse operator, in whole or part, and located in the warehouse ... (a) Every warehouse operator shall keep in a safe place complete and correct records and accounts pertaining to the public grain warehouse, including records and ... (a) A public grain warehouse licensed under this chapter shall post a copy of all storage rates and tariffs charged by the warehouse operator at ... (a) On request by the department, a warehouse operator shall report to the department on the condition, operation, and business of each public grain warehouse ... In an action involving a warehouse operator that is brought under this chapter, a warehouse receipt constitutes prima facie evidence of the truth of the ... Notwithstanding any other provision of this code or the Business & Commerce Code, a receipt for grain is void as to any person who receives ... (a) A warehouse operator desiring to terminate the storage of grain in the warehouse operator's warehouse, including grain that is abandoned or is unclaimed prior ... (a) A warehouse operator may not charge a fee for loading out grain if the loadout was the result of the misconduct of the warehouse ... (a) If no action on the bond or cash, certificate of deposit, or letter of credit deposited in lieu of a bond of a warehouse ... (a) A department action or order affecting a warehouse operator under this chapter, other than by rulemaking, assessment of an administrative penalty, or imposition of ... (a) A person commits an offense if the person violates a provision of this chapter for which an offense is not expressly provided. (b) An ... (a) A person commits an offense if the person: (1) transacts any public grain warehouse business without first obtaining a license required by this chapter; ... (a) A person commits an offense if the person: (1) issues or aids in issuing a receipt or scale weight ticket knowing that the grain ... (a) A person commits an offense if the person: (1) delivers grain out of a public grain warehouse knowing that a negotiable receipt for the ... (a) A person commits an offense if the person fraudulently issues or aids in fraudulently issuing a receipt or scale weight ticket knowing that it ... (a) A person commits an offense if the person changes a receipt or scale weight ticket after its issuance. (b) It is a defense to ... (a) A person commits an offense if the person: (1) deposits grain without having title to the grain or deposits grain on which there is ... (a) A person commits an offense if the person: (1) obtains or exercises control over grain stored in a public grain warehouse without the owner's ... (a) A person commits an offense if the person: (1) without the department's consent and with the intent to obstruct the department's regulation, management, or ... (a) Commission of an offense under this chapter is also a violation for purposes of administrative enforcement by the department. (b) Proof of a violation ... (a) If the department determines that a warehouse operator does not possess sufficient grain to cover outstanding receipts and outstanding scale weight tickets issued or ... (a) The department may deny an application for a license or license renewal if the applicant fails to comply with a requirement of this chapter, ... (a) If a license is revoked, the warehouse operator shall terminate, in a manner prescribed by the department, all arrangements concerning storing, shipping, handling, and ... (a) If, after notice, a warehouse operator refuses to comply with this chapter, the department may apply for an injunction in a district court in ... (a) A person who violates this chapter is liable for a civil penalty of not less than $500 or more than $10,000 for each violation. ... (a) On prevailing in an action commenced by the department through the attorney general under this chapter or in a hearing commenced by the warehouse ... (a) Venue for a criminal prosecution under this chapter is in the county in which the alleged offense occurred. (b) Except for an action for ... Last modified: August 11, 2007 |