Texas Agriculture Code Title 2, Chapter 14 - Regulation Of Public Grain Warehouse Operators
SUBCHAPTER A DEFINITIONS
SUBCHAPTER B GENERAL PROVISIONS
- Texas Section 14.001 - Definitions
(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,...
- Texas Section 14.011 - Limitation Of Chapter
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...
- Texas Section 14.012 - Business Information
(a) Except as provided by Subsection (b), financial information of a warehouse operator provided to the department is confidential and not subject to public disclosure....
- Texas Section 14.013 - Right To Intervene And Notification Of Department
(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...
- Texas Section 14.014 - Receivership Affecting Warehouse Assets
(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...
SUBCHAPTER C LICENSING
- Texas Section 14.015 - Powers And Duties Of Department
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...
- Texas Section 14.021 - License Required
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...
- Texas Section 14.022 - Licensing Of Multiple Warehouses
(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...
- Texas Section 14.023 - Licensing Procedure
(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...
SUBCHAPTER D BONDING
- Texas Section 14.024 - Requirement For Increasing Capacity
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....
- Texas Section 14.031 - Bond
(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...
- Texas Section 14.032 - Additional 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...
- Texas Section 14.033 - Bond Cancellation
(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)...
- Texas Section 14.034 - Cancellation Of Letter Of Credit
(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...
SUBCHAPTER E INSURANCE
- Texas Section 14.035 - Cancellation Of Certificate Of Deposit Or Cash
(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...
- Texas Section 14.041 - Casualty Insurance
(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...
- Texas Section 14.042 - Insurance Cancellation
(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)...
SUBCHAPTER F WAREHOUSE OPERATOR OBLIGATIONS
- Texas Section 14.043 - Additional Insurance
(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...
- Texas Section 14.051 - Posting Of License
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...
- Texas Section 14.052 - Warehouse Operator Obligations
(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...
- Texas Section 14.053 - Receipt Forms
(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...
- Texas Section 14.054 - Issuance Of Scale Weight Ticket Or Receipt
(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...
- Texas Section 14.055 - Duplicate Receipts
(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...
- Texas Section 14.056 - Receipt For Grain Owned By Warehouse Operator
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...
- Texas Section 14.057 - Records
(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...
- Texas Section 14.058 - Posting Of Storage Rates Or Tariffs
(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...
SUBCHAPTER G REMEDIES AND CLAIMS
- Texas Section 14.059 - Inspections; Fee
(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...
- Texas Section 14.061 - Warehouse Receipt As Prima Facie Evidence
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...
- Texas Section 14.062 - Invalid Receipts
Notwithstanding any other provision of this code or the Business & Commerce Code, a receipt for grain is void as to any person who receives...
- Texas Section 14.063 - Termination Of Storage
(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...
- Texas Section 14.064 - Certain Loadout Fees Prohibited
(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...
- Texas Section 14.065 - Recovery On Bond; Liability Of Warehouse Operator
(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...
SUBCHAPTER H OFFENSES
- Texas Section 14.066 - Appeal Of Department Action By Warehouse Operator
(a) A department action or order affecting a warehouse operator under this chapter is appealable in accordance with this section unless the action involves agency...
- Texas Section 14.071 - General Penalty
(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...
- Texas Section 14.072 - Penalty For Operating Without A License
(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;...
- Texas Section 14.073 - Penalty For Fraud
(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...
- Texas Section 14.074 - Penalty For Unlawful Delivery
(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...
- Texas Section 14.075 - Penalty For Fraudulently Issuing A Scale Weight Ticket Or Receipt
(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...
- Texas Section 14.076 - Penalty For Changing A Receipt Or Scale Weight Ticket After Issuance
(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...
- Texas Section 14.077 - Penalty For Depositing Grain Without Title
(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...
- Texas Section 14.078 - Penalty For Stealing Grain Or Receiving Stolen Grain
(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...
SUBCHAPTER I ENFORCEMENT
- Texas Section 14.079 - Penalty For Interfering With Sealed Warehouse Or Department Inspection Or Investigation
(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...
- Texas Section 14.081 - Offense Is Violation; Standard Of Proof
(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...
- Texas Section 14.082 - Discovery Of Shortage; Refusal Of Inspection
(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...
- Texas Section 14.083 - Denial, Revocation, Modification, Or Suspension Of License Or Probation
(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,...
- Texas Section 14.084 - Operation After Revocation Or Suspension Of A License Or Probation
(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...
- Texas Section 14.085 - Injunction
(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...
- Texas Section 14.086 - Civil Penalty
(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....
- Texas Section 14.087 - Recovery Of Court Costs
(a) On prevailing in an action commenced by the department through the attorney general under this chapter, the department and the attorney general are each...
- Texas Section 14.088 - Venue
(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: September 28, 2016