1-1  By:  Swinford (Senate Sponsor - Shelley)              H.B. No. 2501
    1-2        (In the Senate - Received from the House May 13, 1993;
    1-3  May 14, 1993, read first time and referred to Committee on Natural
    1-4  Resources; May 20, 1993, reported favorably, as amended, by the
    1-5  following vote:  Yeas 9, Nays 0; May 20, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims               x                               
    1-9        Truan              x                               
   1-10        Armbrister         x                               
   1-11        Barrientos                                      x  
   1-12        Bivins             x                               
   1-13        Brown              x                               
   1-14        Carriker           x                               
   1-15        Lucio              x                               
   1-16        Montford           x                               
   1-17        Ratliff                                         x  
   1-18        Shelley            x                               
   1-19  COMMITTEE AMENDMENT NO. 1                              By:  Shelley
   1-20  Amend H.B. 2501 as follows:
   1-21        (1)  Amend Page 2, line 70 by striking subsection (3) and
   1-22  inserting the following new subsection:
   1-23        (3)  "Public Warehouseman" means a person who stores personal
   1-24  property that is not an agricultural commodity for hire and issues
   1-25  a negotiable warehouse receipt for such property.
   1-26  COMMITTEE AMENDMENT NO. 2                              By:  Shelley
   1-27  Amend H.B. 2501 as follows:
   1-28        (1)  Amend Page 3, line 32 by striking subsections (a) and
   1-29  (b) and inserting the following new subsections:
   1-30        (a)  The owner or depositor of property stored in a public
   1-31  warehouse may request from the public warehouseman a negotiable
   1-32  receipt for the property stored in the warehouse.
   1-33        (b)  The receipt shall be signed by the public warehouseman
   1-34  or the warehouseman's agent and state the information required by
   1-35  Section 7.202 of the Uniform Commercial Code.
   1-36  COMMITTEE AMENDMENT NO. 3                              By:  Shelley
   1-37  Amend H.B. 2501 as follows:
   1-38        (1)  Amend Page 3, line 43 by striking subsection (c) and
   1-39  inserting the following new subsection:
   1-40        (c)  This article does not apply to public warehouses owned,
   1-41  controlled, operated, or leased by motor carriers licensed by and
   1-42  within the jurisdiction of the Railroad Commission of Texas under
   1-43  the provisions of Article 911b, Vernon's Texas Civil Statutes, or
   1-44  their agents.
   1-45                         A BILL TO BE ENTITLED
   1-46                                AN ACT
   1-47  relating to the regulation of warehouses and certain cotton buyers.
   1-48        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-49        SECTION 1.  Section 14.003, Agriculture Code, is amended by
   1-50  adding Subsection (d) to read as follows:
   1-51        (d)  The following information prepared by the department in
   1-52  the course of its regulatory authority under this subchapter or
   1-53  required to be submitted to the department in accordance with the
   1-54  department's administration of this subchapter is confidential and
   1-55  not subject to public disclosure:
   1-56              (1)  inspection reports containing information
   1-57  regarding grain inventory; and
   1-58              (2)  financial information provided to the department
   1-59  to establish net worth for purposes of licensure.
   1-60        SECTION 2.  Subchapter A, Chapter 14, Agriculture Code, is
   1-61  amended by adding Section 14.0091 to read as follows:
   1-62        Sec. 14.0091.  OBLIGATIONS OF WAREHOUSEMAN.  The obligations
   1-63  of a warehouseman include the obligation to:
   1-64              (1)  deliver a commodity to a person holding a receipt
   1-65  for a commodity stored in the warehouse; and
   1-66              (2)  maintain the quantity and quality of a commodity
   1-67  as evidenced by and indicated on a warehouse receipt.
   1-68        SECTION 3.  The heading of Section 14.010, Agriculture Code,
    2-1  is amended to read as follows:
    2-2        Sec. 14.010.  RECOVERY ON BOND; LIABILITY OF WAREHOUSEMAN.
    2-3        SECTION 4.  Section 14.010, Agriculture Code, is amended by
    2-4  adding Subsection (c) to read as follows:
    2-5        (c)  A warehouseman is liable for damages for loss of or
    2-6  injury to a commodity caused by the warehouseman's failure to
    2-7  exercise the care that a reasonably prudent person would exercise
    2-8  in regard to the commodity under similar circumstances, but, unless
    2-9  otherwise agreed, a warehouseman is not liable for damages to a
   2-10  commodity that could not have been avoided through the exercise of
   2-11  that care.
   2-12        SECTION 5.  Section 14.017, Agriculture Code, is amended by
   2-13  adding Subsection (f) to read as follows:
   2-14        (f)  Unless previously canceled in accordance with the
   2-15  provisions of Chapter 7, Business & Commerce Code, a Texas
   2-16  commodity warehouse receipt issued under this chapter expires 10
   2-17  years after the date of issuance.
   2-18        SECTION 6.  Subchapter A, Chapter 14, Agriculture Code, is
   2-19  amended by adding Section 14.0261 to read as follows:
   2-20        Sec. 14.0261.  WAREHOUSE RECEIPT AS PRIMA FACIE EVIDENCE.  In
   2-21  an action involving a warehouseman that is brought under this
   2-22  subchapter, a warehouse receipt constitutes prima facie evidence of
   2-23  the truth of the facts stated in the receipt.
   2-24        SECTION 7.  Subchapter A, Chapter 14, Agriculture Code, is
   2-25  amended by adding Section 14.0262 to read as follows:
   2-26        Sec. 14.0262.  RECOVERY OF COURT COSTS.  (a)  On prevailing
   2-27  in an action commenced by the department through the attorney
   2-28  general under this subchapter, the department and the attorney
   2-29  general are each entitled to recover:
   2-30              (1)  investigation costs and fees;
   2-31              (2)  reasonable attorney's fees;
   2-32              (3)  court costs; and
   2-33              (4)  other costs relating to the action, including the
   2-34  cost of depositions and other forms of discovery and copying
   2-35  charges.
   2-36        (b)  The costs recoverable under this section are in addition
   2-37  to other relief available to the department or attorney general.
   2-38        SECTION 8.  Subchapter A, Chapter 14, Agriculture Code, is
   2-39  amended by adding Section 14.036 to read as follows:
   2-40        Sec. 14.036.  POSTING OF STORAGE RATES OR TARIFFS.  (a)  A
   2-41  public commodity warehouse licensed under this subchapter shall
   2-42  post a copy of the storage rates and tariffs charged by the
   2-43  warehouse at the main warehouse office and at each warehouse
   2-44  operating under the license.  The public warehouse shall post any
   2-45  change to the posted rates or tariffs not later than the 14th day
   2-46  before the day on which the change is to take effect.
   2-47        (b)  Department inspectors shall check compliance with this
   2-48  section during inspections of a public commodity warehouse under
   2-49  this subchapter.
   2-50        SECTION 9.  Title 132A, Revised Statutes, is amended by
   2-51  adding Article 9103 to read as follows:
   2-52        Art. 9103.  NONAGRICULTURAL PUBLIC WAREHOUSES
   2-53        Sec. 1.  DEFINITIONS.  In this article:
   2-54              (1)  "Department" means the Texas Department of
   2-55  Licensing and Regulation.
   2-56              (2)  "Public warehouse" means a house, building, or
   2-57  room in which personal property that is not an agricultural
   2-58  commodity is stored and protected by a public warehouseman from
   2-59  damage by the elements.  "Public warehouse" does not include a
   2-60  self-service storage facility as defined in Chapter 59, Property
   2-61  Code.
   2-62              (3)  "Public warehouseman" means a person who stores
   2-63  personal property that is not an agricultural commodity for hire.
   2-64              (4)  "Agricultural commodity" means wheat, grain
   2-65  sorghum, corn, oats, barley, rye, soybeans, cotton, rice, peas,
   2-66  beans, or any other agricultural product customarily stored in a
   2-67  public warehouse.
   2-68        Sec. 2.  WAREHOUSE REGULATION.  A public warehouse operating
   2-69  under this article is under the supervision of the department.
   2-70        Sec. 3.  CERTIFICATE TO TRANSACT BUSINESS.  No person may
    3-1  operate a public warehouse without first obtaining a certificate to
    3-2  transact business as a public warehouseman from the department.
    3-3        Sec. 4.  APPLICATION FOR CERTIFICATE.  (a)  To obtain a
    3-4  certificate to transact business under this article, a person must
    3-5  apply in writing to the department on a form prescribed by the
    3-6  department.  The application must state the name and location of
    3-7  the public warehouse and:
    3-8              (1)  the name of each person with an interest as owner
    3-9  or principal in the public warehouse; or
   3-10              (2)  the name of the president, secretary, and
   3-11  treasurer of the corporation if a corporation owns or manages the
   3-12  public warehouse.
   3-13        (b)  The department shall issue the certificate and retain
   3-14  for department records a copy of the application.
   3-15        Sec. 5.  BOND.  (a)  A person receiving a certificate to
   3-16  transact business shall file a bond with the department.
   3-17        (b)  The bond must be:
   3-18              (1)  payable to the state;
   3-19              (2)  of good and sufficient surety;
   3-20              (3)  conditioned on faithful performance of the
   3-21  applicant's duty as a public warehouseman; and
   3-22              (4)  in the amount of $5,000.
   3-23        (c)  A bond is subject to approval by the department.
   3-24        Sec. 6.  RECEIPTS.  (a)  The owner or depositor of property
   3-25  stored in a public warehouse may request from the public
   3-26  warehouseman a receipt for the property stored in the warehouse.
   3-27        (b)  The receipt shall be signed by the public warehouseman
   3-28  or the warehouseman's agent and state:
   3-29              (1)  that the receipt is issued by a public warehouse;
   3-30              (2)  the date of its issuance;
   3-31              (3)  the name and location of the public warehouse in
   3-32  which the property is stored; and
   3-33              (4)  the description, quantity, number, and marks of
   3-34  the property stored.
   3-35        (c)  The public warehouseman shall number receipts
   3-36  consecutively in the order of their issue and shall keep a correct
   3-37  record of receipts issued that is available for public inspection
   3-38  at reasonable hours.
   3-39        Sec. 7.  DUPLICATE RECEIPTS.  (a)  A public warehouseman may
   3-40  not issue a duplicate receipt or two receipts bearing the same
   3-41  number from the same public warehouse during the same calendar
   3-42  year, except as provided by Subsection (b) of this section.
   3-43        (b)  If a receipt is lost or destroyed, the public
   3-44  warehouseman shall issue a new receipt that:
   3-45              (1)  bears the same date and number as the original
   3-46  receipt;
   3-47              (2)  is plainly marked "duplicate" on its face; and
   3-48              (3)  is secured with a deposit:
   3-49                    (A)  made by the person requesting the duplicate
   3-50  receipt; and
   3-51                    (B)  acceptable to the warehouseman to protect a
   3-52  person who may hold the original receipt in good faith and for
   3-53  valuable consideration.
   3-54        Sec. 8.  RECEIPT TO BE ISSUED ONLY ON DELIVERY.  A public
   3-55  warehouseman may not issue a receipt until the goods secured by the
   3-56  receipt are actually delivered to the public warehouse and are
   3-57  under the control of the public warehouseman issuing the receipt.
   3-58        Sec. 9.  DELIVERY.  (a)  A public warehouseman shall
   3-59  immediately deliver property held in the warehouse on:
   3-60              (1)  presentation of a properly endorsed receipt issued
   3-61  by the warehouseman to represent the property; and
   3-62              (2)  payment by the holder of the receipt of all proper
   3-63  warehouse charges on property represented by the receipt.
   3-64        (b)  Unless a receipt has been lost or canceled, a public
   3-65  warehouseman may not deliver property represented by a receipt
   3-66  until the receipt is surrendered and canceled.
   3-67        (c)  On delivery of goods represented by a receipt, the
   3-68  public warehouseman shall cancel the receipt by writing "canceled"
   3-69  in ink on the receipt and placing the warehouseman's name on the
   3-70  face of the receipt.  A canceled receipt is void and may not be
    4-1  circulated.
    4-2        (d)  A public warehouseman who fails to strictly comply with
    4-3  this section is liable to the legal holder of the receipt for the
    4-4  full value at the time of the default of the property represented
    4-5  by the receipt.
    4-6        Sec. 10.  EXCEPTIONS.  (a)  This article does not apply to
    4-7  private warehouses or the issuance of receipts by the owners or
    4-8  managers of private warehouses.
    4-9        (b)  This article does not prohibit a public warehouseman
   4-10  from issuing the same type of receipt issued by a private
   4-11  warehouse, provided that the face of the receipt is plainly
   4-12  marked:  "Not a public warehouse receipt."
   4-13        Sec. 11.  STORAGE CHARGES.  (a)  The department may set
   4-14  minimum storage charges for a public warehouse operating under this
   4-15  article.
   4-16        (b)  The department is not required to set equal charges at
   4-17  all places or all times and may take into consideration the local
   4-18  conditions and volume of business of each public warehouse.
   4-19        Sec. 12.  REVOCATION OF CERTIFICATE.  After a hearing the
   4-20  commissioner may deny, suspend, or revoke a certificate to transact
   4-21  business and may impose administrative sanctions and penalties and
   4-22  seek injunctive relief and civil penalties against a public
   4-23  warehouseman as provided by Article 9100, Revised Statutes.
   4-24        SECTION 10.  Chapter 113, Agriculture Code, is repealed.
   4-25        SECTION 11.  This Act takes effect September 1, 1993.
   4-26        SECTION 12.  The importance of this legislation and the
   4-27  crowded condition of the calendars in both houses create an
   4-28  emergency and an imperative public necessity that the
   4-29  constitutional rule requiring bills to be read on three several
   4-30  days in each house be suspended, and this rule is hereby suspended.
   4-31                               * * * * *
   4-32                                                         Austin,
   4-33  Texas
   4-34                                                         May 20, 1993
   4-35  Hon. Bob Bullock
   4-36  President of the Senate
   4-37  Sir:
   4-38  We, your Committee on Natural Resources to which was referred H.B.
   4-39  No. 2501, have had the same under consideration, and I am
   4-40  instructed to report it back to the Senate with the recommendation
   4-41  that it do pass, as amended, and be printed.
   4-42                                                         Sims,
   4-43  Chairman
   4-44                               * * * * *
   4-45                               WITNESSES
   4-46                                                  FOR   AGAINST  ON
   4-47  ___________________________________________________________________
   4-48  Name:  Bob Tarrant                                             x
   4-49  Representing:  Tx Dept. of Agriculture
   4-50  City:  Giddings
   4-51  -------------------------------------------------------------------
   4-52  Name:  Bob Vetters
   4-53  Representing:  Assn. of Texas Warehousemen
   4-54  City:  San Antonio
   4-55  -------------------------------------------------------------------
   4-56  Name:  John Sneed                                              x
   4-57  Representing:  Tx Dept. of Agriculture
   4-58  City:  Austin
   4-59  -------------------------------------------------------------------