By:  Swinford                                         H.B. No. 2501
       73R5070 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of warehouses; providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The heading of Subchapter A, Chapter 14,
    1-5  Agriculture Code, is amended to read as follows:
    1-6          SUBCHAPTER A.  PUBLIC COMMODITY <GRAIN> WAREHOUSES
    1-7        SECTION 2.  Section 14.001, Agriculture Code, is amended to
    1-8  read as follows:
    1-9        Sec. 14.001.  Definitions.  In this subchapter:
   1-10              (1)  "Commodity" means grain, cotton, rice, produce, or
   1-11  another agricultural product customarily stored in a public
   1-12  warehouse as determined by department rule.
   1-13              (2)  "Depositor" means a person who:
   1-14                    (A)  deposits a commodity <grain> in a warehouse
   1-15  for storing, handling, or shipping;
   1-16                    (B)  is the owner or legal holder of an
   1-17  outstanding receipt for a commodity <grain>; or
   1-18                    (C)  is lawfully entitled to possession of a
   1-19  commodity <the grain>.
   1-20              (3) <(2)>  "Grain" means wheat, grain sorghum, corn,
   1-21  oats, barley, rye, soybeans, or any other grain, peas, or beans for
   1-22  which federal grain standards are established.
   1-23              (4) <(3)>  "Open storage commodity <grain>" means a
   1-24  commodity <grain> that:
    2-1                    (A)  is received for storage by a public <grain>
    2-2  warehouse;
    2-3                    (B)  is not covered by a negotiable warehouse
    2-4  receipt; and
    2-5                    (C)  is not owned by the warehouse in which it is
    2-6  stored.
    2-7              (5) <(4)>  "Public commodity <grain> warehouse" means a
    2-8  building, bin, or similar structure used for:
    2-9                    (A)  the receiving, storing, shipping, or
   2-10  handling of a commodity <grain> for hire; or
   2-11                    (B)  the purchasing and selling of a commodity
   2-12  <grain>, including a commodity <grain> on which payment is
   2-13  deferred.
   2-14              (6) <(5)>  "Receipt" means a negotiable warehouse
   2-15  receipt issued by a warehouseman licensed under this subchapter.
   2-16              (7) <(6)>  "License" includes a renewal of or an
   2-17  amendment to a license.
   2-18              (8) <(7)>  "Scale weight ticket" means a load slip
   2-19  other than a receipt given to a depositor by a warehouseman
   2-20  licensed under this subchapter on initial delivery of a commodity
   2-21  <the grain> to the warehouse.
   2-22              (9) <(8)>  "Receipted commodity <grain>" means a
   2-23  commodity <grain> that is stored in a public commodity <grain>
   2-24  warehouse and for which a Texas commodity <grain> warehouse receipt
   2-25  has been issued and has not been canceled.
   2-26              (10) <(9)>  "Storage commodity <grain>" means a
   2-27  commodity <grain> that:
    3-1                    (A)  is received in a public commodity <grain>
    3-2  warehouse located in this state; and
    3-3                    (B)  is not purchased by the lessee, owner, or
    3-4  manager of the warehouse receiving the commodity <grain>.
    3-5              (11) <(10)>  "Warehouseman" means a person engaged in
    3-6  the business of operating a public commodity <grain> warehouse.
    3-7        SECTION 3.  Section 14.002, Agriculture Code, is amended to
    3-8  read as follows:
    3-9        Sec. 14.002.  Limitation of Subchapter.  This subchapter does
   3-10  not apply to:
   3-11              (1)  a warehouse covered by a license issued under the
   3-12  United States Warehouse Act;
   3-13              (2)  an individual producer-owner who does not receive
   3-14  from others a commodity <grain> for storage or handling for hire;
   3-15              (3)  a person whose business is manufacturing a
   3-16  commodity <grain> or selling  a manufactured commodity <grain> at
   3-17  retail, unless the person also satisfies the definition of a
   3-18  warehouseman; or
   3-19              (4)  a person who receives a commodity <grain> with the
   3-20  intent of using the commodity <grain> for planting seed or for
   3-21  feeding livestock on the premises where the commodity <grain> is
   3-22  received, unless the person requests in writing to the department
   3-23  to be licensed.
   3-24        SECTION 4.  Section 14.003(a), Agriculture Code, is amended
   3-25  to read as follows:
   3-26        (a)  The department shall administer this subchapter and may:
   3-27              (1)  investigate the storing, shipping, and handling of
    4-1  commodities <grain> and complaints relating to these activities
    4-2  through the inspection of:
    4-3                    (A)  any public commodity <grain> warehouse;
    4-4                    (B)  the commodity <grain> stored in any
    4-5  warehouse; or
    4-6                    (C)  all property and records pertaining to a
    4-7  warehouse;
    4-8              (2)  determine whether a warehouse for which a license
    4-9  has been issued or applied for is suitable for properly storing,
   4-10  shipping, or handling a commodity <grain> that is stored in or
   4-11  expected to be stored in the warehouse;
   4-12              (3)  include field seed within the definition given to
   4-13  "grain" by Section 14.001 of this code;
   4-14              (4)  require reports it determines are necessary in the
   4-15  administration of this subchapter;
   4-16              (5)  require a warehouseman to terminate storing,
   4-17  shipping, and handling agreements on revocation of a license;
   4-18              (6)  prescribe forms, including the form of receipts,
   4-19  bonds, or applications for licenses; and
   4-20              (7)  adopt rules necessary to carry out the provisions
   4-21  of this subchapter.
   4-22        SECTION 5.  Section 14.004, Agriculture Code, is amended to
   4-23  read as follows:
   4-24        Sec. 14.004.  License Required.  A person may not operate a
   4-25  public commodity <grain> warehouse without first obtaining from the
   4-26  department a license in the person's name covering the warehouse.
   4-27        SECTION 6.  Sections 14.005(a) and (c), Agriculture Code, are
    5-1  amended to read as follows:
    5-2        (a)  The department may issue, renew, or amend a license
    5-3  following a determination that:
    5-4              (1)  the applicant has filed an acceptable bond and
    5-5  possesses sufficient insurance;
    5-6              (2)  the warehouse is suitable for storage of the
    5-7  commodity <grain>; and
    5-8              (3)  the applicant has complied with this subchapter
    5-9  and rules adopted under this subchapter.
   5-10        (c)  If an applicant for a license previously operated a
   5-11  public commodity <grain> warehouse in this state or another state
   5-12  and that warehouse ceased to operate while the applicant was the
   5-13  operator, the applicant must submit with the application evidence
   5-14  acceptable to the department that all debts from the previous
   5-15  operation evidenced by receipts have been satisfied.  The
   5-16  department may not issue a license to an applicant who the
   5-17  department determines has not satisfied all such debts from a
   5-18  previous operation.
   5-19        SECTION 7.  Section 14.006, Agriculture Code, is amended to
   5-20  read as follows:
   5-21        Sec. 14.006.  Multiple Warehouses Operated Under a Single
   5-22  License.  (a)  For the purpose of granting a license, the
   5-23  department may consider as one unit all warehouses in which the
   5-24  same type of commodity is stored that are owned or controlled by
   5-25  the warehouseman and that are located in close proximity on the
   5-26  same general location.
   5-27        (b)  All public commodity <grain> warehouses operating under
    6-1  a single license shall be treated as a single warehouse for the
    6-2  purposes of this subchapter, including the issuance of receipts and
    6-3  the receipt and shipment of a commodity <grain>.  However, the
    6-4  department may approve an application requesting that any part of a
    6-5  public commodity warehouse be reserved and designated "not for
    6-6  public use."
    6-7        SECTION 8.  Section 14.008, Agriculture Code, is amended to
    6-8  read as follows:
    6-9        Sec. 14.008.  Posting of License.  Each warehouseman shall
   6-10  immediately on receipt of a license post it in a conspicuous place
   6-11  in the office of the public commodity <grain> warehouse.
   6-12        SECTION 9.  Sections 14.009(c), (d), (e), and (i),
   6-13  Agriculture Code, are amended to read as follows:
   6-14        (c)  The bond must be conditioned on faithful performance of:
   6-15              (1)  each obligation of a warehouseman as to receipted
   6-16  commodities <grain and open storage grain> under this subchapter
   6-17  and rules adopted under this subchapter, from the effective date of
   6-18  the bond until the license is revoked or the bond is canceled,
   6-19  whichever occurs first; and
   6-20              (2)  each obligation of a warehouseman under any
   6-21  contract with a depositor that exists on the effective date of the
   6-22  bond or is assumed after the effective date of the bond and before
   6-23  the license is revoked or the bond is canceled, whichever occurs
   6-24  first and whether or not the warehouse remains licensed.
   6-25        (d)  The bond must be in an amount of not less than $15,000
   6-26  nor more than $500,000, based on a rate determined by department
   6-27  rule for a commodity or class of commodities <the following rate:>
    7-1              <(1)  seven cents per bushel on the first million
    7-2  bushels of storage capacity;>
    7-3              <(2)  five cents per bushel on the second million
    7-4  bushels of storage capacity; and>
    7-5              <(3)  three cents per bushel on all bushels of storage
    7-6  capacity above two million bushels>.
    7-7        (e)  The department may require an applicant to file a
    7-8  deficiency bond under circumstances, and in an amount, determined
    7-9  by department rule  <If the actual net worth of an applicant equals
   7-10  less than 25 cents per bushel of storage capacity, the applicant
   7-11  shall file a deficiency bond in an amount equal to the difference
   7-12  between the actual net worth and an amount determined by
   7-13  multiplying 25 cents times each bushel of storage capacity in the
   7-14  applicant's warehouse>.  A deficiency bond is in addition to the
   7-15  bond required of an applicant by this section, and the maximum
   7-16  amount of a bond provided by Subsection (d) of this section does
   7-17  not apply.
   7-18        (i)  Subject to the approval of the department, a
   7-19  warehouseman may deposit the following with the department in lieu
   7-20  of a bond required by this section:
   7-21              (1)  cash;
   7-22              (2)  an irrevocable letter of credit, payable to the
   7-23  State of Texas;
   7-24              (3)  a certificate of deposit from a federally insured
   7-25  bank or savings and loan institution authorized to do business in
   7-26  this state, assigned to the State of Texas; or
   7-27              (4)  negotiable securities approved by the department
    8-1  as providing the same protection as a surety bond for the <grain>
    8-2  depositor.
    8-3        SECTION 10.  Subchapter A, Chapter 14, Agriculture Code, is
    8-4  amended by adding Section 14.0091 to read as follows:
    8-5        Sec. 14.0091.  OBLIGATIONS OF WAREHOUSEMAN.  (a)  The
    8-6  obligations of a warehouseman include the obligation to:
    8-7              (1)  deliver a commodity to a person holding a receipt
    8-8  for a commodity stored in the warehouse; and
    8-9              (2)  maintain the quantity and quality of a commodity
   8-10  as evidenced by and indicated on a warehouse receipt.
   8-11        SECTION 11.  The heading of Section 14.010, Agriculture Code,
   8-12  is amended to read as follows:
   8-13        Sec. 14.010.  RECOVERY ON BOND; LIABILITY OF WAREHOUSEMAN.
   8-14        SECTION 12.  Section 14.010, Agriculture Code, is amended by
   8-15  adding Subsection (c) to read as follows:
   8-16        (c)  A warehouseman is liable for damages for loss of or
   8-17  injury to a commodity caused by the warehouseman's failure to
   8-18  exercise the care that a reasonably prudent person would exercise
   8-19  in regard to the commodity under similar circumstances, but, unless
   8-20  otherwise agreed, a warehouseman is not liable for damages to a
   8-21  commodity that could not have been avoided through the exercise of
   8-22  that care.
   8-23        SECTION 13.  Section 14.011, Agriculture Code, is amended to
   8-24  read as follows:
   8-25        Sec. 14.011.  Casualty Insurance.  (a)  Except as provided by
   8-26  Subsection (c) of this section, an applicant for a license must
   8-27  file or have on file with the department a certificate of insurance
    9-1  evidencing that:
    9-2              (1)  the applicant has an effective policy of insurance
    9-3  issued by an insurance company authorized to do business in this
    9-4  state or, with the approval of the department, by a surplus lines
    9-5  insurer that meets the requirements of Article 1.14-2, Insurance
    9-6  Code, and rules adopted by the State Board of Insurance under that
    9-7  article; and
    9-8              (2)  the policy insures, in the name of the applicant,
    9-9  all commodities <grain> that are <is> or may be in the public
   9-10  commodity <grain> warehouse for their <its> full market value
   9-11  against loss by fire, internal explosion, lightning, windstorm,
   9-12  cyclone, or tornado.
   9-13        (b)  If a fire, an internal explosion, lightning, a
   9-14  windstorm, a cyclone, or a tornado destroys or damages a commodity
   9-15  <grain> in a public commodity <grain> warehouse, the warehouseman
   9-16  shall, on demand by the depositor and presentation of a receipt or
   9-17  other evidence of ownership, make settlement with the depositor <of
   9-18  the grain>.  The amount of the settlement shall be the average
   9-19  price paid for a commodity <grain> of the same type, grade, and
   9-20  quality on the date of the loss at the location of the warehouse,
   9-21  minus warehouseman's charges and advances.  If a settlement is not
   9-22  made before the 31st day following the date of demand, the
   9-23  depositor is entitled to seek recovery from the insurance company.
   9-24        (c)  An applicant is not required to file a certificate of
   9-25  insurance if the applicant certifies that all commodities <grain>
   9-26  within the warehouse are <is> owned by the applicant free of any
   9-27  lien.
   10-1        SECTION 14.  Section 14.012(b), Agriculture Code, is amended
   10-2  to read as follows:
   10-3        (b)  If a license has been suspended or revoked or has
   10-4  expired, the department may require a bond from the warehouseman to
   10-5  protect depositors <of grain> for as long as any receipts remain
   10-6  outstanding.
   10-7        SECTION 15.  Section 14.014, Agriculture Code, is amended to
   10-8  read as follows:
   10-9        Sec. 14.014.  Inspections; Fee.  (a)  On request by the
  10-10  department, a warehouseman shall report to the department on the
  10-11  condition, conduct, operation, and business of each public
  10-12  commodity <grain> warehouse that the warehouseman operates and all
  10-13  commodities <grain> stored in those warehouses.
  10-14        (b)  A warehouseman shall permit the department to enter and
  10-15  inspect each public commodity <grain> warehouse, its contents, and
  10-16  all records related to the commodities <grain> stored in the
  10-17  warehouse.  The warehouseman shall render to the department any
  10-18  assistance necessary for an inspection under this section.
  10-19        (c)  The department shall inspect each public commodity
  10-20  <grain> warehouse at least once annually and may make additional
  10-21  inspections as the department considers necessary.  A warehouseman
  10-22  may request that the department make additional inspections.
  10-23        (d)  The department shall collect from the warehouseman whose
  10-24  public commodity <grain> warehouse is inspected an inspection fee
  10-25  for an annual inspection or an inspection requested by the
  10-26  warehouseman, but may not collect an inspection fee for other
  10-27  inspections.  The inspection fee shall be set by department rule
   11-1  <is $4 for each 10,000 bushels or fraction of 10,000 bushels of
   11-2  licensed storage capacity of the warehouse inspected or $100,
   11-3  whichever is greater>.
   11-4        SECTION 16.  Section 14.016, Agriculture Code, is amended to
   11-5  read as follows:
   11-6        Sec. 14.016.  Operation After Revocation or Suspension of a
   11-7  License.  (a)  If a license is revoked, the warehouseman shall
   11-8  terminate, in a manner prescribed by the department, all
   11-9  arrangements concerning storing, shipping, or handling the
  11-10  commodities <grain> in the warehouse.
  11-11        (b)  During a suspension of a license the warehouseman may,
  11-12  under the direction and supervision of the department, operate the
  11-13  warehouse and deliver a commodity <grain> previously received, but
  11-14  may not receive a commodity <grain> for storing, shipping, or
  11-15  handling.
  11-16        SECTION 17.  Sections 14.017(a), (b), (c), and (d),
  11-17  Agriculture Code, are amended to read as follows:
  11-18        (a)  On receiving a commodity <grain>, a warehouseman shall
  11-19  issue to the person delivering the commodity <grain> a serially
  11-20  numbered scale weight ticket in a form approved by the department.
  11-21        (b)  On application of a depositor, the warehouseman shall
  11-22  issue to the depositor a Texas commodity <grain> warehouse receipt,
  11-23  which must be:
  11-24              (1)  in a form prescribed by the department; and
  11-25              (2)  in conformity with Chapter 7, Business & Commerce
  11-26  Code.
  11-27        (c)  A Texas commodity <grain> warehouse receipt issued under
   12-1  this subchapter is subject to the provisions of Chapter 7, Business
   12-2  & Commerce Code.
   12-3        (d)  A Texas commodity <grain> warehouse receipt is a
   12-4  negotiable document of title.  A scale weight ticket is not a
   12-5  negotiable document of title.
   12-6        SECTION 18.  Section 14.018, Agriculture Code, is amended to
   12-7  read as follows:
   12-8        Sec. 14.018.  RECEIPT FOR COMMODITY <GRAIN> OWNED BY
   12-9  WAREHOUSE OWNER.  A warehouseman may issue a receipt for a
  12-10  commodity <grain> that is owned by the warehouseman, in whole or
  12-11  part, and located in the warehouseman's warehouse.  The
  12-12  negotiation, transfer, sale, or pledge of that receipt may not be
  12-13  defeated because of its ownership.
  12-14        SECTION 19.  Sections 14.019(a) and (b), Agriculture Code,
  12-15  are amended to read as follows:
  12-16        (a)  Except as otherwise provided by this subsection, if a
  12-17  receipt issued under this subchapter is outstanding, another
  12-18  receipt covering all or part of the commodity <grain> covered by
  12-19  the initial receipt may not be issued by the warehouseman or any
  12-20  other person.  If a receipt is lost, stolen, or destroyed, the
  12-21  owner is entitled to a new receipt as a duplicate or substitute for
  12-22  the missing receipt.   The duplicate or substitute receipt has the
  12-23  same legal effect as the original receipt and must:
  12-24              (1)  state that it is in lieu of the original receipt;
  12-25  and
  12-26              (2)  bear the number and date of the original receipt.
  12-27        (b)  Before issuing a duplicate receipt, the warehouseman
   13-1  shall require an indemnity bond of double the market value of the
   13-2  commodity <grain> covered by the missing receipt.  The bond must be
   13-3  in a form and with a surety prescribed by the department to fully
   13-4  protect all rights under the missing receipt.
   13-5        SECTION 20.  Section 14.021, Agriculture Code, is amended to
   13-6  read as follows:
   13-7        Sec. 14.021.  Obligation to Deliver.  The obligation of a
   13-8  warehouseman to deliver a commodity <grain> to a person holding a
   13-9  receipt for the commodity <grain> stored in the public commodity
  13-10  <grain> warehouse is controlled by Section 7.403, Business &
  13-11  Commerce Code.
  13-12        SECTION 21.  Sections 14.022(a), (b), and (d), Agriculture
  13-13  Code, are amended to read as follows:
  13-14        (a)  Every warehouseman shall keep in a safe place complete
  13-15  and correct records and accounts pertaining to the public commodity
  13-16  <grain> warehouse, including records and accounts of:
  13-17              (1)  commodities <grain> received and withdrawn from
  13-18  the warehouse;
  13-19              (2)  unissued receipts in the warehouseman's
  13-20  possession;
  13-21              (3)  receipts and scale weight tickets issued by the
  13-22  warehouseman; and
  13-23              (4)  receipts returned to and canceled by the
  13-24  warehouseman.
  13-25        (b)  The warehouseman shall retain the records required by
  13-26  this section for the period of time prescribed by the department.
  13-27  The warehouseman shall retain copies of receipts or other documents
   14-1  evidencing ownership of a commodity <grain> or liability of a
   14-2  warehouseman as long as the documents are outstanding.  If the
   14-3  documents are canceled, the warehouseman shall retain the documents
   14-4  or receipts for a period of not less than two years from the date
   14-5  of cancellation.
   14-6        (d)  In records kept under this section, a commodity <grain>
   14-7  may be designated as a company-owned commodity <grain> only if:
   14-8              (1)  the commodity <grain> has been paid for and is
   14-9  wholly owned by the warehouse; or
  14-10              (2)  the ownership of the commodity <grain> has been
  14-11  transferred to the warehouse under a written contract of purchase.
  14-12        SECTION 22.  Section 14.023, Agriculture Code, is amended to
  14-13  read as follows:
  14-14        Sec. 14.023.  Termination of Storage.  (a)  A warehouseman
  14-15  desiring to terminate the storage of a commodity <grain> in the
  14-16  warehouseman's warehouse, including a commodity <grain> that is
  14-17  abandoned or is unclaimed prior to the sale of a warehouse, shall
  14-18  do so in accordance with Sections 7.206 and 7.210, Business &
  14-19  Commerce Code, except that the warehouseman is not required to hold
  14-20  the balance of the proceeds of a sale, but may transfer the balance
  14-21  to the state treasurer, who shall treat the money in the same
  14-22  manner as an escheated bank account.
  14-23        (b)  A purchaser in good faith of a commodity <grain> sold
  14-24  under Section 7.210, Business & Commerce Code, takes the commodity
  14-25  <grain> free of any rights of the holder of the receipt, but the
  14-26  receipt  is evidence of entitlement to the escheated funds
  14-27  deposited with the state treasurer under Subsection (a) of this
   15-1  section.
   15-2        SECTION 23.  Sections 14.024(a), (b), (c), (d), and (f),
   15-3  Agriculture Code, are amended to read as follows:
   15-4        (a)  If the department determines that a warehouseman does
   15-5  not possess a sufficient amount of a particular commodity <grain>
   15-6  to cover outstanding receipts and outstanding scale weight tickets
   15-7  issued or assumed by the warehouseman, or if a warehouseman refuses
   15-8  to submit records or property for lawful inspection, the department
   15-9  may give notice to the warehouseman requiring the warehouseman to:
  15-10              (1)  cover a shortage;
  15-11              (2)  give additional bond;
  15-12              (3)  submit to an inspection considered necessary by
  15-13  the department; or
  15-14              (4)  comply with any combination of the requirements
  15-15  authorized by this subsection.
  15-16        (b)  A warehouseman shall comply with the requirements of a
  15-17  notice issued under Subsection (a) of this section within 24 hours
  15-18  of notification by the department or within a longer time allowed
  15-19  by the department.  If the warehouseman fails to comply, the
  15-20  department may petition the district court for the county where the
  15-21  warehouseman's principal place of business is located, as shown by
  15-22  the license application, for a court order authorizing the
  15-23  department to take possession of:
  15-24              (1)  all or a portion of a commodity <the grain>
  15-25  located in the public commodity <grain> warehouse or warehouses;
  15-26  and
  15-27              (2)  all relevant records and property of the
   16-1  warehouseman.
   16-2        (c)  If the department takes possession of a commodity
   16-3  <grain> under Subsection (b) of this section, the department shall
   16-4  give written notice of its action to the surety on the bond of the
   16-5  warehouseman and may notify the holders of all receipts and scale
   16-6  weight tickets issued for the commodity <grain>, as shown by the
   16-7  warehouseman's records, to present their receipts or scale weight
   16-8  tickets for inspection or account for the absence of the receipts
   16-9  or scale weight tickets.  The department may then audit and
  16-10  investigate the affairs of the public commodity <grain> warehouse,
  16-11  especially with respect to the commodity <grain> of which there is
  16-12  an apparent shortage.  The purpose of the audit and investigation
  16-13  is to determine the amount of the shortage, and if practicable, to
  16-14  compute the shortage as to each depositor of that commodity, as
  16-15  shown by the warehouseman's records.  The department shall notify
  16-16  the warehouseman and the surety on the warehouseman's bond of the
  16-17  approximate amount of the shortage.  The department shall notify
  16-18  each depositor affected by the  shortage by sending notice to the
  16-19  depositor's last known address, as shown by the warehouseman's
  16-20  records.
  16-21        (d)  The department shall retain possession of a commodity
  16-22  <grain> obtained under this section until:
  16-23              (1)  the warehouseman or surety on the bond satisfies
  16-24  the claims of all depositors; or
  16-25              (2)  the court orders the department to surrender
  16-26  possession.
  16-27        (f)  At any time before the 11th day following the day on
   17-1  which the department takes possession of a commodity <grain> under
   17-2  this section, the warehouseman may serve notice on the department
   17-3  to appear in the district court of the county in which the public
   17-4  commodity <grain> warehouse is located to show cause why possession
   17-5  should not be restored to the warehouseman.  The court shall fix
   17-6  the time of the hearing not less than 5 nor more than 15 days from
   17-7  the date of service of the notice.
   17-8        SECTION 24.  Section 14.025, Agriculture Code, is amended to
   17-9  read as follows:
  17-10        Sec. 14.025.  INJUNCTION.  If, after 15 days' notice, a
  17-11  warehouseman refuses to comply with this subchapter, the department
  17-12  shall apply for an injunction.  The courts of this state are vested
  17-13  with jurisdiction to issue a temporary or permanent injunction
  17-14  against:
  17-15              (1)  operation of a public commodity <grain> warehouse
  17-16  or issuance of receipts or scale weight tickets without a license;
  17-17  and
  17-18              (2)  interference by any person with the carrying out
  17-19  by the department, or by a receiver appointed under Section 14.024
  17-20  of this code, of duties and powers granted by this subchapter.
  17-21        SECTION 25.  Subchapter A, Chapter 14, Agriculture Code, is
  17-22  amended by adding Section 14.0261 to read as follows:
  17-23        Sec. 14.0261.  WAREHOUSE RECEIPT AS PRIMA FACIE EVIDENCE.  In
  17-24  an action involving a warehouseman that is brought under this
  17-25  subchapter, a warehouse receipt constitutes prima facie evidence of
  17-26  the truth of the facts stated in the receipt.
  17-27        SECTION 26.  Subchapter A, Chapter 14, Agriculture Code, is
   18-1  amended by adding Section 14.0262 to read as follows:
   18-2        Sec. 14.0262.  RECOVERY OF COURT COSTS.  (a)  On prevailing
   18-3  in an action commenced by the department through the attorney
   18-4  general under this subchapter, the department and the attorney
   18-5  general are each entitled to recover:
   18-6              (1)  investigation costs and fees;
   18-7              (2)  reasonable attorney's fees;
   18-8              (3)  court costs; and
   18-9              (4)  other costs relating to the action, including the
  18-10  cost of depositions and other forms of discovery and copying
  18-11  charges.
  18-12        (b)  The costs recoverable under this section are in addition
  18-13  to other relief available to the department or attorney general.
  18-14        SECTION 27.  Section 14.028(a), Agriculture Code, is amended
  18-15  to read as follows:
  18-16        (a)  A person commits an offense if the person:
  18-17              (1)  transacts any public commodity <grain> warehouse
  18-18  business without first obtaining a license required by this
  18-19  subchapter; or
  18-20              (2)  continues to transact public commodity <grain>
  18-21  warehouse business after a license has been revoked or suspended,
  18-22  except as permitted under Section 14.016 of this subchapter.
  18-23        SECTION 28.  Section 14.029(a), Agriculture Code, is amended
  18-24  to read as follows:
  18-25        (a)  A person commits an offense if the person:
  18-26              (1)  issues or aids in issuing a receipt or scale
  18-27  weight ticket knowing that the commodity <grain> covered by the
   19-1  receipt or scale weight ticket has not been actually received at
   19-2  the public commodity <grain> warehouse;
   19-3              (2)  issues or aids in issuing a duplicate or
   19-4  additional negotiable receipt for a commodity <grain> knowing that
   19-5  a former negotiable receipt for the same commodity <grain> or any
   19-6  part of the commodity <grain> is outstanding except as permitted by
   19-7  Section 14.019 of this code; or
   19-8              (3)  fraudulently and without proper authority
   19-9  represents, forges, alters, counterfeits, or simulates any license,
  19-10  scale weight ticket, or receipt provided for by this subchapter.
  19-11        SECTION 29.  Sections 14.030(a) and (b), Agriculture Code,
  19-12  are amended to read as follows:
  19-13        (a)  A person commits an offense if the person:
  19-14              (1)  delivers a commodity <grain> out of a public
  19-15  commodity <grain> warehouse knowing that a negotiable receipt for
  19-16  the commodity <grain> is outstanding and without possessing that
  19-17  receipt; or
  19-18              (2)  delivers a commodity out of a public commodity
  19-19  <grain> warehouse:
  19-20                    (A)  knowing that a nonnegotiable receipt or
  19-21  scale weight ticket is outstanding;
  19-22                    (B)  without the prior approval of the person
  19-23  lawfully entitled to delivery; and
  19-24                    (C)  without the delivery being shown on the
  19-25  appropriate records of the warehouseman.
  19-26        (b)  It is a defense to prosecution under this section that
  19-27  the person's action is:
   20-1              (1)  a sale or other disposition of a commodity <grain>
   20-2  in lawful enforcement of a warehouseman's lien or on a
   20-3  warehouseman's lawful termination of a storing, shipping, or
   20-4  handling agreement; or
   20-5              (2)  permitted by a rule of the department necessary to
   20-6  carry out this subchapter.
   20-7        SECTION 30.  Section 14.033, Agriculture Code, is amended to
   20-8  read as follows:
   20-9        Sec. 14.033.  PENALTY FOR DEPOSITING COMMODITY <GRAIN>
  20-10  WITHOUT TITLE.  (a)  A person commits an offense if the person:
  20-11              (1)  deposits a commodity <grain> without having title
  20-12  to the commodity <grain> or deposits a commodity <grain> on which
  20-13  there is a lien or mortgage;
  20-14              (2)  receives for the commodity <grain> a negotiable
  20-15  receipt; and
  20-16              (3)  negotiates the receipt for value with intent to
  20-17  deceive and without disclosing the person's lack of title or the
  20-18  existence of a lien or mortgage on the commodity <grain>.
  20-19        (b)  An offense under this section is a felony of the second
  20-20  degree.
  20-21        SECTION 31.  Section 14.034, Agriculture Code, is amended to
  20-22  read as follows:
  20-23        Sec. 14.034.  PENALTY FOR STEALING COMMODITY <GRAIN> OR
  20-24  RECEIVING STOLEN COMMODITY <GRAIN>.  (a)  A person commits an
  20-25  offense if the person:
  20-26              (1)  obtains or exercises control over a commodity
  20-27  <grain> stored in a public commodity <grain> warehouse without the
   21-1  owner's effective consent and with the intent to deprive the owner
   21-2  of the commodity <grain>;
   21-3              (2)  obtains from another person a commodity <grain>
   21-4  stolen from a public commodity <grain> warehouse knowing that the
   21-5  commodity <grain> is stolen; or
   21-6              (3)  exercises control over a commodity <grain> stolen
   21-7  from a public commodity <grain> warehouse knowing that the
   21-8  commodity <grain> is stolen.
   21-9        (b)  An offense under this section is a felony of the second
  21-10  degree.
  21-11        SECTION 32.  Subchapter A, Chapter 14, Agriculture Code, is
  21-12  amended by adding Section 14.036 to read as follows:
  21-13        Sec. 14.036.  POSTING OF STORAGE RATES OR TARIFFS.  (a)  A
  21-14  public commodity warehouse licensed under this subchapter shall
  21-15  post a copy of the storage rates and tariffs charged by the
  21-16  warehouse at the main warehouse office and at each warehouse
  21-17  operating under the license.  The public warehouse shall post any
  21-18  change to the posted rates or tariffs not later than the 14th day
  21-19  before the day on which the change is to take effect.
  21-20        (b)  Department inspectors shall check compliance with this
  21-21  section during inspections of a public commodity warehouse under
  21-22  this subchapter.
  21-23        SECTION 33.  Title 132A, Revised Statutes, is amended by
  21-24  adding Article 9103 to read as follows:
  21-25        Art. 9103.  NONAGRICULTURAL PUBLIC WAREHOUSES
  21-26        Sec. 1.  DEFINITIONS.  In this article:
  21-27              (1)  "Department" means the Texas Department of
   22-1  Licensing and Regulation.
   22-2              (2)  "Public warehouse" means a house, building, or
   22-3  room in which personal property that is not an agricultural
   22-4  commodity is stored and protected by a public warehouseman from
   22-5  damage by the elements.
   22-6              (3)  "Public warehouseman" means a person who stores
   22-7  personal property that is not an agricultural commodity for hire.
   22-8              (4)  "Agricultural commodity" means a commodity defined
   22-9  by Section 14.001, Agriculture Code, and its subsequent amendments,
  22-10  including an agricultural product included by the Department of
  22-11  Agriculture as a commodity subject to Chapter 14, Agriculture Code,
  22-12  and its subsequent amendments.
  22-13        Sec. 2.  WAREHOUSE REGULATION.  A public warehouse operating
  22-14  under this article is under the supervision of the department.
  22-15        Sec. 3.  CERTIFICATE TO TRANSACT BUSINESS.  No person may
  22-16  operate a public warehouse without first obtaining a certificate to
  22-17  transact business as a public warehouseman from the department.
  22-18        Sec. 4.  APPLICATION FOR CERTIFICATE.  (a)  To obtain a
  22-19  certificate to transact business under this article, a person must
  22-20  apply in writing to the department on a form prescribed by the
  22-21  department.  The application must state the name and location of
  22-22  the public warehouse and:
  22-23              (1)  the name of each person with an interest as owner
  22-24  or principal in the public warehouse; or
  22-25              (2)  the name of the president, secretary, and
  22-26  treasurer of the corporation if a corporation owns or manages the
  22-27  public warehouse.
   23-1        (b)  The department shall issue the certificate and retain
   23-2  for department records a copy of the application.
   23-3        Sec. 5.  BOND.  (a)  A person receiving a certificate to
   23-4  transact business shall file a bond with the department.
   23-5        (b)  The bond must be:
   23-6              (1)  payable to the state;
   23-7              (2)  of good and sufficient surety;
   23-8              (3)  conditioned on faithful performance of the
   23-9  applicant's duty as a public warehouseman; and
  23-10              (4)  in the amount of $5,000.
  23-11        (c)  A bond is subject to approval by the department.
  23-12        Sec. 6.  RECEIPTS.  (a)  The owner or depositor of property
  23-13  stored in a public warehouse may request from the public
  23-14  warehouseman a receipt for the property stored in the warehouse.
  23-15        (b)  The receipt shall be signed by the public warehouseman
  23-16  or the warehouseman's agent and state:
  23-17              (1)  that the receipt is issued by a public warehouse;
  23-18              (2)  the date of its issuance;
  23-19              (3)  the name and location of the public warehouse in
  23-20  which the property is stored; and
  23-21              (4)  the description, quantity, number, and marks of
  23-22  the property stored.
  23-23        (c)  The public warehouseman shall number receipts
  23-24  consecutively in the order of their issue and shall keep a correct
  23-25  record of receipts issued that is available for public inspection
  23-26  at reasonable hours.
  23-27        Sec. 7.  DUPLICATE RECEIPTS.  (a)  A public warehouseman may
   24-1  not issue a duplicate receipt or two receipts bearing the same
   24-2  number from the same public warehouse during the same calendar
   24-3  year, except as provided by Subsection (b) of this section.
   24-4        (b)  If a receipt is lost or destroyed, the public
   24-5  warehouseman shall issue a new receipt that:
   24-6              (1)  bears the same date and number as the original
   24-7  receipt;
   24-8              (2)  is plainly marked "duplicate" on its face; and
   24-9              (3)  is secured with a deposit:
  24-10                    (A)  made by the person requesting the duplicate
  24-11  receipt; and
  24-12                    (B)  acceptable to the warehouseman to protect a
  24-13  person who may hold the original receipt in good faith and for
  24-14  valuable consideration.
  24-15        Sec. 8.  RECEIPT TO BE ISSUED ONLY ON DELIVERY.  A public
  24-16  warehouseman may not issue a receipt until the goods secured by the
  24-17  receipt are actually delivered to the public warehouse and are
  24-18  under the control of the public warehouseman issuing the receipt.
  24-19        Sec. 9.  DELIVERY.  (a)  A public warehouseman shall
  24-20  immediately deliver property held in the warehouse on:
  24-21              (1)  presentation of a properly endorsed receipt issued
  24-22  by the warehouseman to represent the property; and
  24-23              (2)  payment by the holder of the receipt of all proper
  24-24  warehouse charges on property represented by the receipt.
  24-25        (b)  Unless a receipt has been lost or canceled, a public
  24-26  warehouseman may not deliver property represented by a receipt
  24-27  until the receipt is surrendered and canceled.
   25-1        (c)  On delivery of goods represented by a receipt, the
   25-2  public warehouseman shall cancel the receipt by writing "canceled"
   25-3  in ink on the receipt and placing the warehouseman's name on the
   25-4  face of the receipt.  A canceled receipt is void and may not be
   25-5  circulated.
   25-6        (d)  A public warehouseman who fails to strictly comply with
   25-7  this section is liable to the legal holder of the receipt for the
   25-8  full value at the time of the default of the property represented
   25-9  by the receipt.
  25-10        Sec. 10.  EXCEPTIONS.  (a)  This article does not apply to
  25-11  private warehouses or the issuance of receipts by the owners or
  25-12  managers of private warehouses.
  25-13        (b)  This article does not prohibit a public warehouseman
  25-14  from issuing the same type of receipt issued by a private
  25-15  warehouse, provided that the face of the receipt is plainly
  25-16  marked:  "Not a public warehouse receipt."
  25-17        Sec. 11.  STORAGE CHARGES.  (a)  The department may set
  25-18  minimum storage charges for a public warehouse operating under this
  25-19  article.
  25-20        (b)  The department is not required to set equal charges at
  25-21  all places or all times and may take into consideration the local
  25-22  conditions and volume of business of each public warehouse.
  25-23        Sec. 12.  REVOCATION OF A CERTIFICATE.  A district court of
  25-24  the county in which a public warehouse is located may revoke the
  25-25  certificate of the warehouse on the petition of any person stating
  25-26  particular violations of the law.
  25-27        SECTION 34.  The following laws are repealed:
   26-1              (1)  Subchapter C, Chapter 14, Agriculture Code; and
   26-2              (2)  Chapter 113, Agriculture Code.
   26-3        SECTION 35.  This Act takes effect September 1, 1993.
   26-4        SECTION 36.  The importance of this legislation and the
   26-5  crowded condition of the calendars in both houses create an
   26-6  emergency and an imperative public necessity that the
   26-7  constitutional rule requiring bills to be read on three several
   26-8  days in each house be suspended, and this rule is hereby suspended.