Agriculture Code § 14.059
Warehouse operators must report warehouse conditions and grain on request, and the department must inspect each public grain warehouse at least annually.
- Inspection fees
- Inspections
- Warehouse operations
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Warehouse operators must report warehouse conditions and grain on request, and the department must inspect each public grain warehouse at least annually.
In an action under this chapter involving a warehouse operator, a warehouse receipt counts as prima facie evidence of the truth of the facts stated in it.
A grain receipt is void against a person who receives it knowing the grain was not actually stored in the warehouse when the receipt was issued.
A warehouse operator ending grain storage must follow Sections 7.206 and 7.210, may send any sale balance to the comptroller, and the comptroller must handle that money like escheated bank funds.
A warehouse operator may not charge a grain loadout fee when the loadout resulted from the operator’s misconduct.
This section lets a depositor sue on a warehouse operator’s bond or substitute security after 31 days from a written demand to the department, bars claims on invalid receipts, and sets a two-year filing deadline for actions under the section.
A warehouse operator may appeal certain department actions by serving notice within 10 days.
A person who violates a chapter provision without its own specified offense commits an offense.
A person may not operate public grain warehouse business without the required license, or keep operating after the license is revoked, suspended, or probated except as allowed by Section 14.084.
A person commits an offense by issuing false grain receipts, issuing duplicate negotiable grain receipts when an earlier one is still outstanding (unless Section 14.055 permits it), or fraudulently altering or simulating covered licenses, tickets, or receipts.
A person commits an offense by unlawfully delivering grain out of a public grain warehouse in the listed receipt and approval situations.
A person commits an offense by fraudulently issuing, or helping fraudulently issue, a receipt or scale weight ticket that the person knows contains a false statement.
A person commits an offense if they change a receipt or scale weight ticket after it has been issued.
A person commits an offense by depositing grain without title, or grain subject to a lien or mortgage, taking a negotiable receipt, and then negotiating it for value while hiding the lack of title or the lien/mortgage.
A person commits an offense by stealing grain from a public grain warehouse or receiving or controlling stolen grain with knowledge that it is stolen.
A person commits an offense by interfering with sealed grain, department seals, or lawful grain-warehouse inspections or investigations.
A chapter offense is also a violation for administrative enforcement, the department must prove intent elements in certain administrative cases, and both administrative enforcement and criminal prosecution may proceed against a violator.
The department may act against a warehouse operator when there is a grain shortage or inspection refusal, and the operator must comply with a notice within 24 hours unless the department allows more time.
The department may deny, revoke, modify, suspend, penalize, or place on probation certain licenses, and it may impose conditions during suspension or probation.
If a warehouse operator’s license is revoked, the operator must stop all grain-related arrangements. If the license is suspended or the operator is on probation, the operator must run the warehouse as the department prescribes, may deliver grain already received, and may not receive new grain without written authorizat
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