Agriculture Code § 41.208

Sec. 41.208. INITIATION OF CLAIM. (a) A grain producer who has delivered grain to a grain buyer may initiate a claim with the board as provided by board rule if: (1) the grain buyer has suffered a financial failure and: (A) has failed to pay to a grain producer an amount owed to the grain producer; or (B) is unable to deliver to the grain producer grain held by the grain buyer for the grain producer as a bailment; and (2) the grain producer provides to the board: (A) written documentation showing that the grain was delivered to the grain buyer; and (B) a copy of the written contract for purchase of the grain signed by the grain producer and the grain buyer and showing: (i) the agreed price for the grain; (ii) the amount of grain purchased; and (iii) any other relevant term required by the board to establish facts related to the claim. (b) A claim under this section must: (1) be initiated: (A) not more than 60 days after the applicable claim initiation date; or (B) before a date determined by the board to be reasonable, if the board determines such a date; and (2) be for a loss of grain delivered to the grain buyer not more than one year before the applicable claim initiation date. Added by Acts 2011, 82nd Leg., R.S., Ch. 991 (H.B. 1840), Sec. 3, eff. September 1, 2011.