By Swinford                                           H.B. No. 2586
         77R4518 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of public grain warehouse operators;
 1-3     providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 14, Agriculture Code, is reorganized and
 1-6     amended to read as follows:
 1-7         CHAPTER 14. REGULATION OF PUBLIC GRAIN WAREHOUSE OPERATORS
 1-8                                [REGULATION]
 1-9             SUBCHAPTER A. DEFINITIONS [PUBLIC GRAIN WAREHOUSES]
1-10           Sec. 14.001.  DEFINITIONS.  (a)  In this chapter
1-11     [subchapter]:
1-12                 (1)  "Depositor" means a person who:
1-13                       (A)  delivers [deposits] grain to [in] a public
1-14     grain warehouse for storing of the grain for hire, handling of the
1-15     grain for hire, or shipping of the grain for hire;
1-16                       (B)  is the owner or legal holder of an
1-17     outstanding receipt from a public grain warehouse for grain; or
1-18                       (C)  is lawfully entitled to possession of [the]
1-19     grain stored in a public grain warehouse.
1-20                 (2)  "Grain" means wheat, grain sorghum, corn, oats,
1-21     barley, rye, soybeans, or any other grain, peas, or beans as
1-22     designated by department rule [for which federal grain standards
1-23     are established].
1-24                 (3)  "Open storage grain" means grain that:
 2-1                       (A)  is received for storage by a public grain
 2-2     warehouse located in this state;
 2-3                       (B)  is not covered by a negotiable warehouse
 2-4     receipt; and
 2-5                       (C)  is not owned by the lessee, owner, or
 2-6     operator of the warehouse in which it is stored.
 2-7                 (4)  "Public grain warehouse" means a building, bin, or
 2-8     similar structure located in this state and used for:
 2-9                       (A)  the [receiving,] storing of grain for hire,
2-10     shipping of grain for hire, or handling of grain for hire; or
2-11                       (B)  the purchasing and selling of grain,
2-12     including grain on which payment is deferred.
2-13                 (5)  "Receipt" means a negotiable Texas grain warehouse
2-14     receipt issued by a warehouse operator [warehouseman] licensed
2-15     under this chapter [subchapter].
2-16                 (6)  "License" includes a renewal of or an amendment to
2-17     a license.
2-18                 (7)  "Scale weight ticket" means a load slip other than
2-19     a receipt given to a depositor or other person by a warehouse
2-20     operator [warehouseman] licensed under this chapter [subchapter]
2-21     on:
2-22                       (A)  initial delivery of the grain to the
2-23     warehouse; or
2-24                       (B)  weighing of the grain on the grain warehouse
2-25     operator's scale, regardless of the destination of the grain.
2-26                 (8)  "Receipted grain" means grain that is stored in a
2-27     public grain warehouse and for which a Texas grain warehouse
 3-1     receipt has been issued and has not been canceled.
 3-2                 (9)  "Warehouse operator" ["Storage grain" means grain
 3-3     that:]
 3-4                       [(A)  is received in a public grain warehouse
 3-5     located in this state; and]
 3-6                       [(B)  is not purchased by the lessee, owner, or
 3-7     manager of the warehouse receiving the grain.]
 3-8                 [(10)  "Warehouseman"] means a person engaged in the
 3-9     business of operating a public grain warehouse.
3-10           (b)  For purposes of this chapter, the term "public grain
3-11     warehouse" as defined by Subsection (a)(4) does not include
3-12     railcars, trucks, boats, or other vehicles when used to transport
3-13     grain.
3-14           (c)  For purposes of this chapter, in those sections that
3-15     require the warehouse operator to cooperate with or provide
3-16     information to the department or issue documents to customers of
3-17     the warehouse operator, the term "warehouse operator" includes all
3-18     employees, agents, or other persons authorized by the warehouse
3-19     operator to issue receipts or scale weight tickets or sign
3-20     contracts or other agreements.
3-21                      SUBCHAPTER B. GENERAL PROVISIONS
3-22           Sec. 14.011 [14.002].  LIMITATION OF CHAPTER [SUBCHAPTER].
3-23     This chapter [subchapter] does not apply to:
3-24                 (1)  a public grain warehouse covered by a license for
3-25     the operation of a public grain warehouse issued by the United
3-26     States Department of Agriculture or other federal agency [under the
3-27     United States Warehouse Act];
 4-1                 (2)  an individual producer-owner who does not receive
 4-2     from others grain for storage or handling for hire;
 4-3                 (3)  a person whose business is manufacturing grain or
 4-4     selling manufactured grain and who receives all grain with the
 4-5     intent to manufacture the grain or sell manufactured grain [at
 4-6     retail, unless the person also satisfies the definition of a
 4-7     warehouseman]; or
 4-8                 (4)  a person who receives grain with the intent of
 4-9     using the grain for planting seed or for feeding livestock on the
4-10     premises where the grain is received[, unless the person requests
4-11     in writing to the department to be licensed].
4-12           Sec. 14.012.  BUSINESS INFORMATION.  (a)  The following
4-13     information, prepared by the department in the course of its
4-14     regulatory authority under this chapter or required to be submitted
4-15     to the department in accordance with the department's
4-16     administration of this chapter, is confidential and not subject to
4-17     public disclosure:
4-18                 (1)  inspection or investigation reports containing
4-19     information regarding grain inventory; and
4-20                 (2)  financial information provided to the department
4-21     to establish net worth for purposes of licensing.
4-22           (b)  Notwithstanding Subsection (a), inspection reports
4-23     containing information regarding grain inventory of a warehouse
4-24     operator or financial information of a warehouse operator provided
4-25     to the department to establish net worth may be:
4-26                 (1)  entered into evidence without sealing and made
4-27     public in:
 5-1                       (A)  an administrative proceeding commenced by
 5-2     the department against a warehouse operator;
 5-3                       (B)  a civil or criminal proceeding commenced by
 5-4     a county attorney, a district attorney, or the attorney general,
 5-5     either independently or on behalf of the department, against a
 5-6     warehouse operator; or
 5-7                       (C)  a civil or criminal proceeding commenced by
 5-8     the warehouse operator against the department;
 5-9                 (2)  provided to the issuer of a warehouse operator's
5-10     bond or letter of credit for the purpose of establishing a claim on
5-11     the warehouse operator's bond or letter of credit;
5-12                 (3)  disclosed to the public after:
5-13                       (A)  revocation of a warehouse operator's
5-14     license;
5-15                       (B)  a voluntary closeout of all of the license
5-16     holder's facilities in this state;
5-17                       (C)  a petition for bankruptcy has been filed; or
5-18                       (D)  a receiver is appointed for the warehouse
5-19     operator's assets; or
5-20                 (4)  disclosed to any federal agency or any agency of
5-21     another state conducting a compliance inspection or criminal or
5-22     civil investigation involving the handling, storing, shipping,
5-23     selling, purchasing, or receipt of grain.
5-24           Sec. 14.013.  RIGHT TO INTERVENE AND NOTIFICATION OF
5-25     DEPARTMENT. (a)  The department may intervene in a suit for
5-26     receivership, garnishment, bankruptcy, or any other legal action
5-27     affecting the assets of a warehouse operator licensed under this
 6-1     chapter or the grain assets of a depositor in a warehouse operated
 6-2     under a license issued by the department, including, to assert the
 6-3     rights of depositors not joined in the suit, a suit brought against
 6-4     a bond or surety under Section 14.065.
 6-5           (b)  Any person who files a suit for receivership,
 6-6     garnishment, or bankruptcy or who commences any other legal action
 6-7     affecting the assets of a warehouse operator licensed under this
 6-8     chapter or the grain assets of a depositor in a warehouse operated
 6-9     under a license issued by the department, including a suit against
6-10     a bond or surety under Section 14.065, must give notice to the
6-11     department of the suit or legal action.
6-12           (c)  Notice under this section must be in writing and
6-13     delivered to the department by certified mail, registered mail, or
6-14     commercial delivery service not later than the 20th day after the
6-15     date on which the suit or legal action is commenced.
6-16           (d)  The judgment in an action described by Subsection (a)
6-17     is voidable if the notice required by this section is not provided.
6-18           (e)  The court in which a suit or other legal action
6-19     described by Subsection (a)  is commenced may impose appropriate
6-20     sanctions against a party who fails to provide the notice required
6-21     by this section.
6-22           Sec. 14.014.  RECEIVERSHIP AFFECTING WAREHOUSE ASSETS. (a) A
6-23     person appointed receiver for the assets of a warehouse operator
6-24     licensed under this chapter is not required to obtain a license
6-25     from the department if the person:
6-26                 (1)  is bonded and insured as described by Subsection
6-27     (b); and
 7-1                 (2)  after being appointed, does not:
 7-2                       (A)  receive additional grain for storing for
 7-3     hire, handling for hire, or shipping for hire; or
 7-4                       (B)  purchase grain for resale.
 7-5           (b)  A person appointed receiver shall maintain:
 7-6                 (1)  a bond in the same amount required for a licensed
 7-7     warehouse operator; and
 7-8                 (2)  casualty insurance in the same amount and type as
 7-9     required for a licensed warehouse operator.
7-10           (c)  A person appointed receiver shall file proof of proper
7-11     bonding and verification of insurance with the department on or
7-12     before the date the person is appointed to act as receiver.
7-13           Sec. 14.015 [14.003].  POWERS AND DUTIES OF DEPARTMENT.
7-14     [(a)]  The department shall administer this chapter [subchapter]
7-15     and may:
7-16                 (1)  investigate the storing, shipping, and handling of
7-17     grain and complaints relating to these activities through the
7-18     inspection of:
7-19                       (A)  any public grain warehouse;
7-20                       (B)  the grain stored in any warehouse; or
7-21                       (C)  all property and records pertaining to a
7-22     warehouse;
7-23                 (2)  determine whether a warehouse for which a license
7-24     has been issued or applied for is suitable for properly storing,
7-25     shipping, or handling grain that is stored in or expected to be
7-26     stored in the warehouse;
7-27                 (3)  include field seed within the definition given to
 8-1     "grain" by Section 14.001 [of this code];
 8-2                 (4)  require that a warehouse operator keep records or
 8-3     submit reports the department [it] determines are necessary in the
 8-4     administration of this chapter [subchapter];
 8-5                 (5)  require a warehouse operator or depositor
 8-6     [warehouseman] to terminate storing, shipping, and handling
 8-7     agreements within a time specified by the department:
 8-8                       (A)  on closeout or revocation of the warehouse
 8-9     operator's [a] license;
8-10                       (B)  if grain has been abandoned by the warehouse
8-11     operator or a depositor and the warehouse operator or depositor
8-12     cannot be located after diligent effort; or
8-13                       (C)  on issuance of an injunction ordering an
8-14     unlicensed warehouse operator to cease operations;
8-15                 (6)  prescribe forms, including the form of receipts,
8-16     bonds, or applications for licenses;  [and]
8-17                 (7)  for purposes of determining compliance with this
8-18     chapter or amounts due to a depositor in an action taken by the
8-19     department against a surety or surety instrument under this
8-20     chapter, determine a warehouse operator's specific obligations to a
8-21     depositor, including:
8-22                       (A)  the type, quantity, or quality of open
8-23     storage or receipted grain due a depositor;
8-24                       (B)  the payment owed a depositor if a shortage
8-25     or variance exists in the type, quantity, or quality of a
8-26     depositor's open storage or receipted grain;
8-27                       (C)  the time and manner of delivery of grain due
 9-1     a depositor; and
 9-2                       (D)  whether a warehouse operator has failed to
 9-3     deliver a depositor's open storage or receipted grain within a
 9-4     reasonable time;
 9-5                 (8)  by written order require a warehouse operator to
 9-6     deliver grain of a particular type, quantity, and quality to a
 9-7     depositor at a particular time and in a particular manner based on
 9-8     the department's determination that the required delivery of grain
 9-9     is due the depositor;
9-10                 (9)  classify grain by category, including open
9-11     storage, receipted, identity-preserved, company-owned, abandoned,
9-12     and genetically modified grain, and adopt rules regarding the
9-13     storage, shipping, or handling of classified grain, including
9-14     recordkeeping and accounting requirements;
9-15                 (10)  seize the records of a warehouse operator,
9-16     including any electronic records or the equipment or media on which
9-17     the records are stored, during a period of suspension of a
9-18     warehouse operator's license;
9-19                 (11)  seal or post as sealed, or both seal and post as
9-20     sealed, the warehouse of a warehouse operator:
9-21                       (A)  whose license has been suspended or revoked;
9-22                       (B)  whose license has expired; or
9-23                       (C)  who is unlicensed;
9-24                 (12)  seal or post as sealed, or both seal and post as
9-25     sealed, a warehouse that is found to be unsafe for inspection or
9-26     unsuitable for the storage of grain;
9-27                 (13)  during reasonable hours and to determine
 10-1    compliance with this chapter, enter any facility where the
 10-2    department reasonably believes grain is being handled, stored,
 10-3    shipped, purchased, or sold to examine:
 10-4                      (A)  the facility's storage, shipping, handling,
 10-5    and financial records;
 10-6                      (B)  grain; and
 10-7                      (C)  physical structures;
 10-8                (14)  determine the suitability of a warehouse for
 10-9    storing, shipping, or handling grain or for adequate and safe
10-10    inspection and, if found unsuitable for any of those purposes,
10-11    order corrective action;
10-12                (15)  require the warehouse operator to notify the
10-13    department regarding:
10-14                      (A)  the handling of commodities that may pose a
10-15    hazard to humans, animals, the grain of other depositors in the
10-16    warehouse operator's warehouse, or the grain industry;
10-17                      (B)  existing hazards to inspection, including
10-18    recent or ongoing fumigations of warehouse facilities and unsafe or
10-19    inoperable warehouse equipment or structures; or
10-20                      (C)  any change in ownership, management, or
10-21    legal or financial status of a warehouse licensed under this
10-22    chapter;
10-23                (16)  require by rule that sales, purchase, or
10-24    brokerage agreements between a warehouse operator and a producer be
10-25    in writing and contain written terms or provisions the department
10-26    considers appropriate to protect producers, depositors, and
10-27    warehouse operators and to ensure the department's ability to carry
 11-1    out its regulatory functions under this chapter;
 11-2                (17)  regulate a warehouse operator's temporary storage
 11-3    of grain in a non-warehouse location or facility;
 11-4                (18)  require segregation of grain requiring identity
 11-5    preservation;
 11-6                (19)  enter into cooperative agreements with agencies
 11-7    of the federal government or other states to carry out the purposes
 11-8    of this chapter;
 11-9                (20)  recover the unused warehouse receipts of a
11-10    warehouse operator:
11-11                      (A)  during any period of probation or suspension
11-12    of the warehouse operator's license;
11-13                      (B)  on revocation or voluntary surrender of the
11-14    warehouse operator's license; or
11-15                      (C)  during any period in which the warehouse
11-16    operator is not licensed, including after a failure to timely renew
11-17    the license;
11-18                (21)  order corrective action or impose any reasonable
11-19    condition of probation necessary to accomplish the regulatory goals
11-20    authorized by this chapter; and
11-21                (22)  adopt rules necessary to carry out the provisions
11-22    of this chapter [subchapter].
11-23          [(b)  In any hearing conducted under this subchapter, the
11-24    State Office of Administrative Hearings may:]
11-25                [(1)  examine under oath any person and examine books
11-26    and records of any licensee;]
11-27                [(2)  hear testimony and gather evidence for the
 12-1    discharge of duties under this subchapter;]
 12-2                [(3)  administer oaths; and]
 12-3                [(4)  issue subpoenas, effective in any part of this
 12-4    state, and require attendance of witnesses and the production of
 12-5    books.]
 12-6          [(c)  The department may appoint and fix duties and
 12-7    compensation of inspectors and other personnel and provide
 12-8    equipment necessary to enforce the provisions of this subchapter.]
 12-9          [(d)  The following information prepared by the department in
12-10    the course of its regulatory authority under this subchapter or
12-11    required to be submitted to the department in accordance with the
12-12    department's administration of this subchapter is confidential and
12-13    not subject to public disclosure:]
12-14                [(1)  inspection reports containing information
12-15    regarding grain inventory; and]
12-16                [(2)  financial information provided to the department
12-17    to establish net worth for purposes of licensure.]
12-18                         SUBCHAPTER C.  LICENSING
12-19          Sec. 14.021 [14.004].  LICENSE REQUIRED.  A person may not
12-20    operate a public grain warehouse without first obtaining from the
12-21    department a license in the person's name covering the warehouse.
12-22          Sec. 14.022.  LICENSING OF MULTIPLE WAREHOUSES.  (a)  In this
12-23    section:
12-24                (1)  "Combination" means a group of two or more public
12-25    grain warehouses or facilities operated under a single set of
12-26    complete records.  For purposes of this chapter, a combination is
12-27    treated as if it were a single public grain warehouse.
 13-1                (2)  "Facility" means two or more public grain
 13-2    warehouses located in close proximity on the same general location.
 13-3    For purposes of this chapter, and except when part of a
 13-4    combination, a facility is treated as if it were a single public
 13-5    grain warehouse.
 13-6          (b)  A warehouse operator may operate all public grain
 13-7    warehouses or facilities within an area no larger than 60 miles in
 13-8    diameter as a combination if a single license covering the
 13-9    combination is obtained from the department and:
13-10                (1)  a single recordkeeping system covering only
13-11    warehouses within the combination is maintained by the warehouse
13-12    operator;
13-13                (2)  a single, unique set of sequentially numbered
13-14    receipts containing all information required by department rule and
13-15    bearing the name of the license holder and a unique combination
13-16    name, but not bearing individual warehouse or facility names, is
13-17    used for the combination;
13-18                (3)  for each scale operated by the warehouse operator,
13-19    the warehouse operator issues and maintains a single, unique set of
13-20    sequentially numbered scale weight tickets containing all
13-21    information required by department rule and bearing the name of the
13-22    license holder and a unique name identifying the facility where the
13-23    scale is located;
13-24                (4)  a single daily position report covering all
13-25    storage obligations of the combination and only the combination,
13-26    including company-owned grain, and containing all information
13-27    required by department rule is maintained;
 14-1                (5)  all original warehouse operator records, except
 14-2    for scale weight tickets, relating to transactions or storage
 14-3    obligations involving the combination are maintained at a single
 14-4    location and separate from all other businesses and separately
 14-5    licensed warehouse operations of the warehouse operator; and
 14-6                (6)  except as provided by department rule, a single
 14-7    unique bond or bond substitute is used to cover the combination.
 14-8          (c)  Except as permitted while operating a combination, a
 14-9    warehouse operator may not combine or intermingle assets, storage
14-10    obligations, liabilities of any kind, records or record entries,
14-11    contractual obligations, other transactions of any kind, or any
14-12    other business or operating information from different warehouses
14-13    or businesses owned, managed, or operated by the warehouse
14-14    operator.  Each licensed combination or individually licensed
14-15    facility must be operated as a separate entity under a single,
14-16    unique name and, except as provided by department rule, must be
14-17    covered by a single, separate bond or bond substitute.
14-18          Sec. 14.023 [14.005].  LICENSING PROCEDURE.  (a)  The
14-19    department may issue, renew, or amend a license following a
14-20    determination that:
14-21                (1)  the applicant has filed an acceptable bond, a
14-22    financial statement in a form prescribed by the department, and
14-23    proof of casualty [possesses sufficient] insurance required by this
14-24    chapter;
14-25                (2)  the warehouse is suitable for storage of grain and
14-26    inspection by department personnel; [and]
14-27                (3)  the applicant has complied with this chapter
 15-1    [subchapter] and rules adopted under this chapter; and
 15-2                (4)  the applicant has met the net worth or deficiency
 15-3    bond requirements of Section 14.031(e) [subchapter].
 15-4          (b)  An applicant must file a separate application for each
 15-5    license, renewal, or amendment and shall accompany each application
 15-6    for a license or renewal with an annual license fee, as provided by
 15-7    department rule.  The department shall prescribe the information to
 15-8    be contained in the application.  A person who fails to submit a
 15-9    renewal fee on or before the expiration date of the license must
15-10    pay, in addition to the renewal fee, the late fee provided by
15-11    Section 12.024 [of this code].
15-12          (c)  If an applicant for a license previously operated a
15-13    grain warehouse in this state or another state and that warehouse
15-14    ceased to operate while the applicant was the operator, the
15-15    applicant must submit with the application evidence acceptable to
15-16    the department that all debts from the previous operation evidenced
15-17    by receipts have been satisfied. The department may not issue a
15-18    license to an applicant who the department determines has not
15-19    satisfied all such debts from a previous operation.
15-20          [Sec. 14.006.  MULTIPLE WAREHOUSES OPERATED UNDER A SINGLE
15-21    LICENSE.  (a)  For the purpose of granting a license, the
15-22    department may consider as one unit all warehouses owned or
15-23    controlled by the warehouseman that are located in close proximity
15-24    on the same general location.]
15-25          [(b)  All public grain warehouses operating under a single
15-26    license shall be treated as a single warehouse for the purposes of
15-27    this subchapter, including the issuance of receipts and the receipt
 16-1    and shipment of grain.  However, the department may approve an
 16-2    application requesting that any part of a warehouse be reserved and
 16-3    designated "not for public use."]
 16-4          Sec. 14.024 [14.007].  REQUIREMENT FOR INCREASING CAPACITY.
 16-5    A warehouse operator [warehouseman] may not use any increased
 16-6    warehouse capacity without first obtaining written approval from
 16-7    the department.
 16-8                          SUBCHAPTER D.  BONDING
 16-9          Sec. 14.031 [14.009].  BOND.  (a)  In accordance with this
16-10    section, each applicant for a license shall file or have on file a
16-11    bond with the department.
16-12          (b)  The bond must:
16-13                (1)  be payable to the State of Texas;
16-14                (2)  be executed by the applicant as principal;
16-15                (3)  be issued by a corporate surety licensed to do
16-16    business as surety in the State of Texas; and
16-17                (4)  be in a form and contain terms and conditions
16-18    prescribed by the department.
16-19          (c)  The bond must be conditioned on faithful performance of:
16-20                (1)  each obligation of a warehouse operator
16-21    [warehouseman] as to receipted grain and open storage grain under
16-22    this chapter [subchapter] and rules adopted under this chapter
16-23    [subchapter], from the effective date of the bond until the license
16-24    is revoked or the bond is canceled, whichever occurs first, whether
16-25    or not the warehouse remains licensed; and
16-26                (2)  each obligation of a warehouse operator
16-27    [warehouseman] under any contract with a depositor that exists on
 17-1    the effective date of the bond or is assumed after the effective
 17-2    date of the bond and before the license is revoked or the bond is
 17-3    canceled, whichever occurs first and whether or not the warehouse
 17-4    remains licensed.
 17-5          (d)  The bond must be in an amount of not less than $20,000
 17-6    and be based on six cents per bushel of storage capacity [$15,000
 17-7    nor more than $500,000, based on the following rate:]
 17-8                [(1)  seven cents per bushel on the first million
 17-9    bushels of storage capacity;]
17-10                [(2)  five cents per bushel on the second million
17-11    bushels of storage capacity; and]
17-12                [(3)  three cents per bushel on all bushels of storage
17-13    capacity above two million bushels].
17-14          (e)  If the actual net worth of an applicant equals less than
17-15    25 cents per bushel of storage capacity, the applicant shall file a
17-16    deficiency bond in an amount equal to the difference between the
17-17    actual net worth and an amount determined by multiplying 25 cents
17-18    times each bushel of storage capacity in the applicant's warehouse.
17-19    A deficiency bond is in addition to the bond required of an
17-20    applicant by this section[, and the maximum amount of a bond
17-21    provided by Subsection (d) of this section does not apply].
17-22          (f)  [In considering the reissuance of a license, the
17-23    department may accept a certificate from a surety stating that a
17-24    bond filed with the department has been renewed or continued.]
17-25          [(g)]  The applicant may give a single bond meeting the
17-26    requirements of this section to cover warehouses licensed as a
17-27    single facility or combination.  A single bond may not be used to
 18-1    cover more than one individually licensed facility, more than one
 18-2    combination, or one or more individually licensed facilities and
 18-3    one or more combinations [all licensed facilities operated by him
 18-4    or her, except that each warehouse operated by the applicant must
 18-5    be covered by the bond in the amount of at least $15,000].
 18-6          (g) [(h)]  The liability of the surety of a bond required by
 18-7    this chapter [subchapter] is limited to the face amount of the bond
 18-8    and does not accumulate for each successive license period during
 18-9    which the bond is in force.
18-10          (h) [(i)]  Subject to the approval of the department, a
18-11    warehouse operator [warehouseman] may deposit the following with
18-12    the department, for the term of the license plus two years, in lieu
18-13    of a bond required by this section:
18-14                (1)  cash;
18-15                (2)  an irrevocable letter of credit, payable to the
18-16    State of Texas; or
18-17                (3)  a certificate of deposit from a federally insured
18-18    bank or savings and loan institution authorized to do business in
18-19    this state, assigned to the State of Texas[; or]
18-20                [(4)  negotiable securities approved by the department
18-21    as providing the same protection as a surety bond for the grain
18-22    depositor].
18-23          (i) [(j)]  The cash, letter of credit, or certificate of
18-24    deposit[, or securities deposited] under Subsection (h) [(i) of
18-25    this section] must be in the same amount or have a value in the
18-26    same amount as required for the warehouse bond.
18-27          (j) [(k)]  Any interest or income earned on an assigned
 19-1    certificate of deposit [or securities] accrues to the owner of the
 19-2    certificate [or securities] during the time of the assignment.
 19-3          Sec. 14.032 [14.012].  ADDITIONAL BOND [OR INSURANCE].  (a)
 19-4    If the department determines that an approved bond [or insurance
 19-5    policy] is insufficient, the department shall require the warehouse
 19-6    operator [warehouseman] to give additional bond [or insurance].
 19-7          (b)  If a license has been suspended or revoked or has
 19-8    expired, the department may require a bond from the warehouse
 19-9    operator [warehouseman] to protect depositors of grain for as long
19-10    as any receipts or open storage accounts remain outstanding.
19-11          Sec. 14.033 [14.013].  BOND [OR INSURANCE] CANCELLATION. (a)
19-12    A warehouse operator [warehouseman] may not cancel a bond [or
19-13    insurance policy] approved by the department unless the department
19-14    first gives written approval of a substitute bond [or policy].
19-15          (b)  The surety [or insurer] may cancel a bond [or insurance
19-16    policy] by sending notice of intent to cancel by registered or
19-17    certified mail to the department.  Cancellation of a bond may not
19-18    be effective before the 91st day following the day on which the
19-19    surety mails notice of intent to cancel.  [Cancellation of an
19-20    insurance policy may not be effective before the 31st day following
19-21    the day on which the insurer mails notice of intent to cancel.]  On
19-22    receipt of notice of cancellation of a bond [or insurance policy],
19-23    the department shall promptly notify the warehouse operator
19-24    [warehouseman] involved.  Liability under the bond ceases to accrue
19-25    on the effective date of cancellation.  Notwithstanding
19-26    cancellation under this section, the department or a depositor may
19-27    collect under the bond for any claim that arose during the period
 20-1    during which the bond was in effect, provided that the claim is
 20-2    filed within the limitations period established under Section
 20-3    14.065(h).
 20-4          (c)  The surety [or insurer] shall send a copy of the notice
 20-5    required by this section to any government agency requesting it.
 20-6          (d)  Notwithstanding any other provision of this chapter, a
 20-7    public grain warehouse license is automatically suspended if the
 20-8    warehouse operator [subchapter, the department shall automatically
 20-9    suspend the license if the warehouseman] fails[:]
20-10                [(1)]  to file a new bond before the cancellation of a
20-11    bond is effective[; or]
20-12                [(2)  to file a new certificate of insurance before the
20-13    cancellation of an insurance policy is effective].
20-14          (e)  The suspension of a license under this section continues
20-15    as long as the warehouse operator [warehouseman] fails to maintain
20-16    the bond [or insurance] required by this chapter [subchapter].
20-17          Sec. 14.034.  CANCELLATION OF LETTER OF CREDIT.  (a)  A
20-18    warehouse operator may not cancel a letter of credit approved by
20-19    the department in lieu of a bond unless the department gives
20-20    written approval of a substitute bond.
20-21          (b)  The issuer of the letter of credit may cancel a letter
20-22    of credit by sending notice of intent to cancel by registered or
20-23    certified mail to the department.  Cancellation of a letter of
20-24    credit may not take effect before the 91st day after the date the
20-25    issuer mails notice of intent to cancel.  On receipt of notice of
20-26    cancellation of a letter of credit, the department shall promptly
20-27    notify the warehouse operator involved.  Liability under the letter
 21-1    of credit ceases to accrue on the effective date of cancellation.
 21-2    Notwithstanding cancellation under this subsection or other law to
 21-3    the contrary, the department or a depositor may collect under the
 21-4    letter of credit for any claim that arose during the period during
 21-5    which the letter of credit was in effect, provided that the claim
 21-6    is filed within the limitations period established under Section
 21-7    14.065(h).
 21-8          (c)  The issuer of a letter of credit shall send a copy of
 21-9    the notice required by this section to any government agency
21-10    requesting the copy.  Notwithstanding any other provision of this
21-11    chapter, a public grain warehouse license is automatically
21-12    suspended if the warehouse operator fails to file a new bond before
21-13    the cancellation of a letter of credit is effective.
21-14          (d)  The suspension of a license under this section continues
21-15    as long as the warehouse operator fails to maintain the bond
21-16    required by this chapter.
21-17          Sec. 14.035.  CANCELLATION OF CERTIFICATE OF DEPOSIT OR CASH.
21-18    (a)  A warehouse operator may not repossess a certificate of
21-19    deposit or cash approved by and deposited with the department in
21-20    lieu of a bond unless:
21-21                (1)  the department gives written approval of a
21-22    substitute bond; and
21-23                (2)  at least two years have passed after the
21-24    expiration of the last licensing period during which the
21-25    certificate of deposit or cash was deposited with the department in
21-26    lieu of a bond.
21-27          (b)  Notwithstanding Subsection (a), the department may not
 22-1    release a certificate of deposit or cash deposited with the
 22-2    department while a claim filed within the limitations period
 22-3    established under Section 14.065(h) is pending before the
 22-4    department or a court.
 22-5                          SUBCHAPTER E. INSURANCE
 22-6          Sec. 14.041 [14.011].  CASUALTY INSURANCE. (a)  Except as
 22-7    provided by Subsection (c) [of this section], an applicant for a
 22-8    license must file or have on file with the department a certificate
 22-9    of insurance evidencing that:
22-10                (1)  the applicant has an effective policy of insurance
22-11    issued by an insurance company authorized to do business in this
22-12    state or, with the approval of the department, by an eligible [a]
22-13    surplus lines insurer that meets the requirements of Article
22-14    1.14-2, Insurance Code, and rules adopted by the commissioner
22-15    [State Board of Insurance] under that article; and
22-16                (2)  the policy insures, in the name of the applicant,
22-17    all grain that is or may be in the public grain warehouse for its
22-18    full market value against loss by or due to water or other fluid,
22-19    malicious mischief, vandalism, theft, intentional waste or
22-20    destruction, smoke, fire, internal explosion, lightning, hail,
22-21    windstorm, hurricane [cyclone], or tornado.
22-22          (b)  If water or other fluid, malicious mischief, vandalism,
22-23    theft, intentional waste or destruction, smoke, [a] fire, [an]
22-24    internal explosion, lightning, hail, [a] windstorm, hurricane [a
22-25    cyclone], or [a] tornado destroys or damages grain in a public
22-26    grain warehouse, the warehouse operator [warehouseman] shall, on
22-27    demand by the depositor and presentation of a receipt or other
 23-1    evidence of ownership, make settlement with the depositor of the
 23-2    grain.  The amount of the settlement shall be the average price
 23-3    paid for grain of the same grade and quality on the date of the
 23-4    loss at the location of the warehouse, minus the warehouse
 23-5    operator's [warehouseman's] charges and advances. If a settlement
 23-6    is not made before the 31st day following the date of demand, the
 23-7    depositor is entitled to seek recovery from the insurance company.
 23-8          (c)  An applicant is not required to file a certificate of
 23-9    insurance if the applicant certifies in writing, at or before the
23-10    time the certificate of insurance is due, that all grain within the
23-11    warehouse at the time the license is to be effective is owned by
23-12    the applicant free of any lien. The applicant shall file the
23-13    required certificate of insurance on or before the first day any
23-14    grain not owned by the applicant free of any lien is received for
23-15    hire, stored for hire, handled for hire, or shipped for hire.
23-16          Sec. 14.042.  INSURANCE CANCELLATION. (a)  A warehouse
23-17    operator may not cancel an insurance policy approved by the
23-18    department unless the department gives written approval of a
23-19    substitute policy.
23-20          (b)  The insurer may cancel an insurance policy by sending
23-21    notice of intent to cancel by registered or certified mail to the
23-22    department.  Cancellation of an insurance policy is not effective
23-23    before the 31st day following the date the insurer mails notice of
23-24    intent to cancel.  On receipt of notice of cancellation of an
23-25    insurance policy, the department shall promptly notify the
23-26    warehouse operator involved.
23-27          (c)  The insurer shall send a copy of the notice required by
 24-1    this section to any government agency requesting the copy.
 24-2          (d)  Notwithstanding any other provision of this chapter, a
 24-3    public grain warehouse license is automatically suspended if the
 24-4    warehouse operator fails to file a new certificate of insurance
 24-5    before the cancellation of an insurance policy is effective or
 24-6    fails to provide a certification of ownership under Section
 24-7    14.041(c).
 24-8          (e)  The suspension of a license under this section continues
 24-9    as long as the warehouse operator fails to maintain the insurance
24-10    required by this chapter.
24-11          Sec. 14.043.  ADDITIONAL INSURANCE. (a)  If the department
24-12    determines that an approved insurance policy is insufficient, the
24-13    department shall require the warehouse operator to obtain
24-14    additional insurance.
24-15          (b)  If a license has been suspended or revoked or has
24-16    expired, the department may require continued insurance coverage by
24-17    the warehouse operator to protect depositors of grain for as long
24-18    as any receipts or open storage accounts remain outstanding.
24-19          (c)  The warehouse operator shall obtain the additional
24-20    insurance required by this section and provide verification of the
24-21    additional insurance within a time specified by the department, and
24-22    the additional insurance shall be maintained or continued as
24-23    necessary to meet the requirements of this chapter.
24-24               SUBCHAPTER F. WAREHOUSE OPERATOR OBLIGATIONS
24-25          Sec. 14.051 [14.008].  POSTING OF LICENSE. Each warehouse
24-26    operator [warehouseman] shall immediately on receipt of a license
24-27    post the original [it] in a conspicuous place at [in] the primary
 25-1    recordkeeping location for the individually licensed facility or
 25-2    combination. A copy of the license must be conspicuously posted at
 25-3    each facility where grain is received for hire, stored for hire,
 25-4    handled for hire, or shipped for hire [office of the public grain
 25-5    warehouse].
 25-6          Sec. 14.052 [14.0091].  WAREHOUSE OPERATOR OBLIGATIONS [OF
 25-7    WAREHOUSEMAN]. (a)  The obligations of a warehouse operator
 25-8    [warehouseman] include the obligation to:
 25-9                (1)  deliver grain [a commodity] to a person holding a
25-10    receipt for grain [a commodity] stored in the warehouse; and
25-11                (2)  maintain the quantity and quality of all grain not
25-12    owned by the warehouse operator, including open storage grain [a
25-13    commodity as evidenced by and indicated on a warehouse receipt].
25-14          (b)  [Sec. 14.021.  OBLIGATION TO DELIVER.] The obligation of
25-15    a warehouse operator [warehouseman] to deliver grain to a person
25-16    holding a receipt for grain stored in the public grain warehouse is
25-17    controlled by Section 7.403, Business & Commerce Code.
25-18          (c)  If a warehouse operator accepts for storage, shipping,
25-19    handling, purchase, or sale any grain that is nonfungible or for
25-20    which identity must be preserved, the warehouse operator must
25-21    safeguard the grain from intermingling with grain that would impair
25-22    or destroy the identity-preserved or nonfungible nature of the
25-23    grain. Nothing in this section requires the warehouse operator to
25-24    accept grain that is nonfungible or that requires identity
25-25    preservation.
25-26          (d)  The warehouse operator remains liable for the quality
25-27    and quantity of grain deposited at the warehouse and for any other
 26-1    obligations established under this chapter for any period during
 26-2    which the warehouse has been sealed or during any period of
 26-3    probation, suspension, or revocation imposed under this chapter or
 26-4    for grain abandoned by the warehouse operator unless:
 26-5                (1)  the warehouse operator makes a written request to
 26-6    the department for access to the warehouse;
 26-7                (2)  the request adequately describes why access is
 26-8    necessary to meet the warehouse operator's obligations under this
 26-9    chapter;
26-10                (3)  the request adequately describes what type of
26-11    access is necessary to meet the warehouse operator's obligations
26-12    under this chapter;
26-13                (4)  the request for access is reasonable;
26-14                (5)  allowing access would not impair the department's
26-15    ability to preserve evidence, warehouse operator records, or
26-16    depositor grain assets; and
26-17                (6)  the request is denied by the department or the
26-18    department imposes unreasonable restrictions that prevent the
26-19    operator from meeting the obligations described in the request.
26-20          (e)  The department is entitled, on behalf of depositors, to
26-21    recover from the warehouse operator's bond the cost of damages
26-22    suffered by depositors as a result of sealing the warehouse or as a
26-23    result of the warehouse operator abandoning the warehouse and the
26-24    grain contained in the warehouse.
26-25          Sec. 14.053 [14.020].  RECEIPT FORMS. (a)  A warehouse
26-26    operator shall use one set of serially numbered and sequentially
26-27    issued receipts for all warehouses operated under a single license.
 27-1    In addition to a unique serial number, each receipt form must
 27-2    contain all of the information prescribed by department rule.  If
 27-3    further provided by department rule, the warehouse operator shall
 27-4    request the receipt forms from the printer on a form approved,
 27-5    prescribed, or furnished by the department.
 27-6          (b)  The warehouse operator shall provide the department with
 27-7    an exemplar of the receipt forms and an affidavit from the printer
 27-8    showing the number of receipts printed and their serial numbers
 27-9    before issuing any receipt from the printed set.  The exemplar and
27-10    affidavit required by this subsection must be provided each time a
27-11    new set of receipts is printed.
27-12          (c)  The warehouse operator may use an electronic receipt
27-13    system if the provider of the electronic receipt system has been
27-14    approved by the department or by the United States Department of
27-15    Agriculture or any other federal agency that issues a license for
27-16    the operation of a public grain warehouse.
27-17          (d)  The department may require a warehouse operator to
27-18    provide a bond to cover any loss resulting from unlawful use of a
27-19    receipt.  [The department shall supply all receipt forms unless the
27-20    department in writing approves a privately printed receipt form
27-21    requested by the warehouseman.  The warehouseman shall request
27-22    receipt forms on a form furnished by the department and shall
27-23    accompany a request with payment to cover estimated costs of
27-24    printing, packaging, and shipping, as determined by the department.
27-25    If the receipts are privately printed, the printer shall provide
27-26    the department with an affidavit showing the number of the receipts
27-27    printed and their serial numbers.  The department may require a
 28-1    warehouseman who uses privately printed receipts to provide a bond
 28-2    to cover any loss resulting from the unlawful use of a receipt.]
 28-3    The department shall determine the form and the amount of the bond,
 28-4    but the amount may not exceed $5,000.
 28-5          [(b)  The department shall recover all receipts remaining
 28-6    unused after a license required by this subchapter is revoked or
 28-7    suspended.]
 28-8          Sec. 14.054 [14.017].  ISSUANCE OF SCALE WEIGHT TICKET OR
 28-9    RECEIPT. (a)  On receiving grain, a warehouse operator
28-10    [warehouseman] shall issue to the person delivering the grain a
28-11    serially numbered scale weight ticket in a form approved by the
28-12    department.
28-13          (b)  On application of a depositor, the warehouse operator
28-14    [warehouseman] shall issue to the depositor a Texas grain warehouse
28-15    receipt, which must be:
28-16                (1)  in a form prescribed by the department; and
28-17                (2)  in conformity with Chapter 7, Business & Commerce
28-18    Code.
28-19          (c)  A Texas grain warehouse receipt issued under this
28-20    subchapter is subject to the provisions of Chapter 7, Business &
28-21    Commerce Code.
28-22          (d)  A Texas grain warehouse receipt is a negotiable document
28-23    of title.  A scale weight ticket is not a negotiable document of
28-24    title.
28-25          (e)  Except as provided by Section 14.055 [14.019 of this
28-26    code] for duplicate receipts, a warehouse operator may not issue
28-27    two scale weight tickets or two receipts bearing the same number
 29-1    during any calendar year.
 29-2          (f)  Unless previously canceled in accordance with the
 29-3    provisions of Chapter 7, Business & Commerce Code, a Texas grain
 29-4    [commodity] warehouse receipt issued under this chapter expires 10
 29-5    years after the date of issuance.
 29-6          Sec. 14.055 [14.019].  DUPLICATE RECEIPTS. (a)  Except as
 29-7    otherwise provided by this section [subsection], if a receipt
 29-8    issued under this chapter [subchapter] is outstanding, another
 29-9    receipt covering all or part of the grain covered by the initial
29-10    receipt may not be issued by the warehouse operator [warehouseman]
29-11    or any other person.  If a receipt is lost, stolen, or destroyed,
29-12    the owner is entitled to a new receipt as a duplicate or substitute
29-13    for the missing receipt.  The duplicate or substitute receipt has
29-14    the same legal effect as the original receipt and must:
29-15                (1)  state that it is in lieu of the original receipt;
29-16    and
29-17                (2)  bear the number and date of the original receipt.
29-18          (b)  Before issuing a duplicate receipt, the warehouse
29-19    operator [warehouseman] shall require from the owner an indemnity
29-20    bond of double the market value of the grain covered by the missing
29-21    receipt.  The bond must be in a form and with a surety prescribed
29-22    by the department to fully protect all rights under the missing
29-23    receipt.
29-24          (c)  A warehouse operator [warehouseman] may not obtain,
29-25    purchase, or become a surety on a bond for a lost, stolen, or
29-26    destroyed receipt.
29-27          (d)  A court may not order delivery of grain covered by a
 30-1    lost, stolen, or destroyed receipt without requiring the bond
 30-2    provided by this section.
 30-3          Sec. 14.056 [14.018].  RECEIPT FOR GRAIN OWNED BY WAREHOUSE
 30-4    OPERATOR [OWNER]. A warehouse operator [warehouseman] may issue a
 30-5    receipt for grain that is owned by the warehouse operator
 30-6    [warehouseman], in whole or part, and located in the warehouse
 30-7    operator's [warehouseman's] warehouse.  The negotiation, transfer,
 30-8    sale, or pledge of that receipt may not be defeated because of its
 30-9    ownership.
30-10          Sec. 14.057 [14.022].  RECORDS. (a)  Every warehouse operator
30-11    [warehouseman] shall keep in a safe place complete and correct
30-12    records and accounts pertaining to the public grain warehouse,
30-13    including records and accounts of:
30-14                (1)  grain received and withdrawn from the warehouse;
30-15                (2)  unissued receipts in the warehouse operator's
30-16    [warehouseman's] possession;
30-17                (3)  receipts and scale weight tickets issued by the
30-18    warehouse operator [warehouseman]; and
30-19                (4)  receipts returned to and canceled by the warehouse
30-20    operator [warehouseman].
30-21          (b)  The warehouse operator [warehouseman] shall retain the
30-22    records required by this section for the period of time prescribed
30-23    by the department.  The warehouse operator [warehouseman] shall
30-24    retain copies of receipts or other documents evidencing ownership
30-25    of grain or liability of a warehouse operator [warehouseman] as
30-26    long as the documents are outstanding.  If the documents are
30-27    canceled, the warehouse operator [warehouseman] shall retain the
 31-1    documents or receipts for a period of not less than two years from
 31-2    the date of cancellation.
 31-3          (c)  The warehouse operator [warehouseman] shall:
 31-4                (1)  clearly mark all canceled receipts "canceled" and
 31-5    mark on the face of each receipt the date of the cancellation;
 31-6                (2)  keep records and accounts required by this section
 31-7    separate from the records and accounts of other businesses; [and]
 31-8                (3)  issue in numerical order all scale weight tickets
 31-9    and receipts; and
31-10                (4)  keep in numerical order copies of the scale weight
31-11    tickets and receipts issued by the warehouse operator.
31-12          (d)  In records kept under this section, grain may be
31-13    designated as company-owned grain only if:
31-14                (1)  the grain has been paid for and is wholly owned by
31-15    the warehouse operator; or
31-16                (2)  the ownership of the grain has been transferred to
31-17    the warehouse operator under a written contract of purchase.
31-18          (e)  The warehouse operator [warehouseman] shall report to
31-19    the department on forms furnished by the department the following
31-20    information on scale weight tickets used in the warehouse
31-21    operator's [warehouseman's] business:
31-22                (1)  the number of scale weight tickets printed;
31-23                (2)  the serial numbers of the scale weight tickets
31-24    printed; and
31-25                (3)  the printer of the scale weight tickets.
31-26          (f)  The warehouse operator shall make [department may
31-27    inspect] any records required by this section or department rule
 32-1    accessible and available for inspection by the department at any
 32-2    reasonable time.
 32-3          Sec.  14.058 [14.036].  POSTING OF STORAGE RATES, [OR]
 32-4    TARIFFS, FEES, AND SHRINK RATES. (a)  A public grain [commodity]
 32-5    warehouse licensed under this chapter [subchapter] shall post a
 32-6    copy of all [the] storage rates, [and] tariffs, fees, and shrink
 32-7    rates charged by the warehouse operator at the main warehouse
 32-8    office and at each warehouse facility operating under the license.
 32-9          (b)  The [public] warehouse operator shall post any change to
32-10    the posted storage rates, [or] tariffs, fees, or shrink rates not
32-11    later than the third [14th] day before the day on which the change
32-12    is to take effect.
32-13          (c) [(b)]  Department inspectors shall check compliance with
32-14    this section during inspections of a public grain [commodity]
32-15    warehouse under this chapter [subchapter].
32-16          Sec.  14.059 [14.014].  INSPECTIONS; FEE. (a)  On request by
32-17    the department, a warehouse operator [warehouseman] shall report to
32-18    the department on the condition, [conduct,] operation, and business
32-19    of each public grain warehouse that the warehouse operator
32-20    [warehouseman] operates and all grain stored in those warehouses.
32-21          (b)  [A warehouseman shall permit the department to enter and
32-22    inspect each public grain warehouse, its contents, and all records
32-23    related to the grain stored in the warehouse.  The warehouseman
32-24    shall render to the department any assistance necessary for an
32-25    inspection under this section.]
32-26          [(c)]  The department shall inspect each public grain
32-27    warehouse at least once annually and may make additional
 33-1    inspections as the department considers necessary.  A warehouse
 33-2    operator [warehouseman] may request that the department make
 33-3    additional inspections.
 33-4          (c) [(d)]  The department shall collect from the warehouse
 33-5    operator [warehouseman] whose public grain warehouse is inspected
 33-6    an inspection fee for an annual inspection or an inspection
 33-7    requested by the warehouse operator [warehouseman], but may not
 33-8    collect an inspection fee for other inspections unless the
 33-9    inspection is conducted:
33-10                (1)  under the terms of an agreed or ordered suspension
33-11    or probation;
33-12                (2)  in response to a complaint that the warehouse
33-13    operator has not complied with the duties and obligations provided
33-14    for by this chapter and the complaint is determined by the
33-15    department to be valid;
33-16                (3)  as a follow-up inspection to:
33-17                      (A)  determine whether a shortage of grain
33-18    discovered by the department has been corrected;
33-19                      (B)  obtain records not immediately available at
33-20    the location designated as the recordkeeping location in department
33-21    records or to which access was refused during a previous
33-22    inspection;
33-23                      (C)  ensure that recordkeeping discrepancies
33-24    discovered during a previous inspection have been corrected; or
33-25                      (D)  monitor a suspension or probation under this
33-26    chapter; or
33-27                (4)  to monitor termination of arrangements for
 34-1    storing, shipping, or handling of grain under this chapter.
 34-2          (d)  The department by rule shall set the inspection fee.
 34-3                     SUBCHAPTER G. REMEDIES AND CLAIMS
 34-4          Sec. 14.061 [14.0261].  WAREHOUSE RECEIPT AS PRIMA FACIE
 34-5    EVIDENCE. In an action involving a warehouse operator
 34-6    [warehouseman] that is brought under this chapter [subchapter], a
 34-7    warehouse receipt constitutes prima facie evidence of the truth of
 34-8    the facts stated in the receipt.
 34-9          Sec. 14.062.  INVALID RECEIPTS. Notwithstanding any other
34-10    provision of this code or the Business & Commerce Code, a receipt
34-11    for grain is void as to any person who receives the receipt with
34-12    knowledge that the grain purported to be covered by the receipt was
34-13    not, at the time the receipt was issued, actually stored in the
34-14    warehouse of the warehouse operator issuing the receipt.
34-15          Sec. 14.063 [14.023].  TERMINATION OF STORAGE. (a)  A
34-16    warehouse operator [warehouseman] desiring to terminate the storage
34-17    of grain in the warehouse operator's [warehouseman's] warehouse,
34-18    including grain that is abandoned or is unclaimed prior to the sale
34-19    of a warehouse, shall do so in accordance with Sections 7.206 and
34-20    7.210, Business & Commerce Code, except that the warehouse operator
34-21    [warehouseman] is not required to hold the balance of the proceeds
34-22    of a sale, but may transfer the balance to the comptroller, who
34-23    shall treat the money in the same manner as an escheated bank
34-24    account.
34-25          (b)  A purchaser in good faith of grain sold under Section
34-26    7.210, Business & Commerce Code, takes the grain free of any rights
34-27    of the holder of the receipt, but the receipt is evidence of
 35-1    entitlement to the escheated funds deposited with the comptroller
 35-2    under Subsection (a) [of this section].
 35-3          Sec. 14.064.  CERTAIN LOADOUT FEES PROHIBITED. (a)  A
 35-4    warehouse operator may not charge a fee for loading out grain if
 35-5    the loadout was the result of the misconduct of the warehouse
 35-6    operator.
 35-7          (b)  Misconduct under this section includes:
 35-8                (1)  violation of this chapter as established by final,
 35-9    unappealable order of the commissioner;
35-10                (2)  conviction of a crime, including a plea of nolo
35-11    contendere, described as an offense under this chapter; and
35-12                (3)  conviction of a crime, including a plea of nolo
35-13    contendere, described as an offense under the Penal Code and
35-14    involving any type of fraud or theft related to the storing,
35-15    shipping, handling, sale, or purchase of grain or the sale or
35-16    purchase of grain handling, shipping, or storage equipment or
35-17    warehouse structures or other assets.
35-18          (c)  A loadout fee collected during a period of suspension of
35-19    a warehouse operator's license by the department, after revocation
35-20    of a warehouse operator's license, or during a period in which
35-21    criminal charges are pending against a warehouse operator, must be
35-22    placed in an escrow account by the warehouse operator until:
35-23                (1)  the department's suspension is lifted;
35-24                (2)  the prosecutor ceases to pursue criminal charges;
35-25                (3)  the indictment or information is dismissed by a
35-26    court; or
35-27                (4)  the warehouse operator is acquitted.
 36-1          (d)  If misconduct is finally determined to have occurred as
 36-2    provided by Subsection (b), the loadout fees placed in escrow must
 36-3    be returned to the person originally paying those fees.  The
 36-4    loadout fees placed in escrow shall be returned to the warehouse
 36-5    operator if the warehouse operator is found not to have committed
 36-6    misconduct by acquittal, by the dismissal of the criminal charges,
 36-7    or by final order of the commissioner.
 36-8          Sec. 14.065 [14.010].  RECOVERY ON BOND; LIABILITY OF
 36-9    WAREHOUSE OPERATOR [WAREHOUSEMAN]. (a)  If no action on the bond or
36-10    cash, certificate of deposit, or letter of credit deposited in lieu
36-11    of a bond of a warehouse operator [warehouseman] is begun before
36-12    the 31st day after the date of a written demand to the department,
36-13    a depositor has a right of action on the bond or cash, certificate
36-14    of deposit, or letter of credit deposited in lieu of a bond for
36-15    recovery of damages suffered by the depositor as a result of the
36-16    failure of the warehouse operator [warehouseman] to comply with any
36-17    condition of the bond, or if cash, a certificate of deposit, or a
36-18    letter of credit is deposited in lieu of a bond, failure to comply
36-19    with any obligation of the warehouse operator under this chapter
36-20    that would have been covered by a bond.
36-21          (b)  Recovery on a bond shall be prorated if claims exceed
36-22    liability on a bond, but a depositor suing on a bond is not
36-23    required to join other depositors in a suit.  The burden of
36-24    establishing proration is on the surety as a matter of defense or
36-25    is on the department as intervenor on behalf of other depositors.
36-26          (c)  A warehouse operator [warehouseman] is liable for
36-27    damages for loss of or injury to grain [a commodity] caused by the
 37-1    warehouse operator's [warehouseman's] failure to exercise the care
 37-2    that a reasonably prudent person would exercise in regard to the
 37-3    grain [commodity] under similar circumstances, but, unless
 37-4    otherwise agreed, a warehouse operator [warehouseman] is not liable
 37-5    for damages to grain [a commodity] that could not have been avoided
 37-6    through the exercise of that care.
 37-7          (d)  A person who files an action on a bond under this
 37-8    section must serve notice of the suit on the department in the same
 37-9    manner and within the same period as for the defendant or surety
37-10    who issued the bond.
37-11          (e)  On authentication by the department, the court shall
37-12    accept into evidence as a public record any report prepared by the
37-13    department under this chapter that describes potential bond claims
37-14    by other depositors, regardless of whether any of those depositors
37-15    join in the suit.
37-16          (f)  A person is prohibited from filing a claim on an invalid
37-17    receipt.
37-18          (g)  An action under this section must be brought not later
37-19    than the second anniversary of the  date of expiration of the
37-20    public grain warehouse license in effect at the time the claim
37-21    arose.
37-22          (h)  The department by rule may set a limitations period for
37-23    filing claims on a bond filed with the department or cash, a
37-24    certificate of deposit, or a letter of credit deposited with the
37-25    department in lieu of a bond.
37-26          Sec. 14.066.  APPEAL OF DEPARTMENT ACTION BY WAREHOUSE
37-27    OPERATOR. (a)  A department action or order affecting a warehouse
 38-1    operator under this chapter, other than by rulemaking, assessment
 38-2    of an administrative penalty, or imposition of a license sanction,
 38-3    including a suspension under Section 14.083(c), is appealable in
 38-4    accordance with this section.
 38-5          (b)  Not later than the 10th day after the date the
 38-6    department takes an action or issues an order described by
 38-7    Subsection (a), the warehouse operator may serve notice on the
 38-8    department to appear in a district court of Travis County or the
 38-9    district court of the county in which the public grain warehouse is
38-10    located.  The court shall fix the time of the hearing not less than
38-11    3 days or more than 20 days after the date of service of the
38-12    notice.
38-13          (c)  The burden is on the warehouse operator to show by a
38-14    preponderance of the evidence that the action taken or order issued
38-15    by the department is not authorized under this chapter or, if
38-16    authorized, not warranted by the circumstances that caused the
38-17    action to be taken or the order to be issued.
38-18                          SUBCHAPTER H.  OFFENSES
38-19          Sec. 14.071 [14.027].  GENERAL PENALTY. (a)  A person commits
38-20    an offense if the person violates a provision of this chapter for
38-21    which an offense is not expressly provided [subchapter other than
38-22    Section 14.022(d)].
38-23          (b)  An offense under this section is a Class B misdemeanor.
38-24          Sec. 14.072 [14.028].  PENALTY FOR OPERATING WITHOUT A
38-25    LICENSE. (a)  A person commits an offense if the person:
38-26                (1)  transacts any public grain warehouse business
38-27    without first obtaining a license required by this chapter
 39-1    [subchapter]; or
 39-2                (2)  continues to transact public grain warehouse
 39-3    business after a license has been revoked or suspended, or the
 39-4    license holder has been placed on probation, except as permitted
 39-5    under Section 14.084 [14.016 of this subchapter].
 39-6          (b)  An offense under this section is a felony of the third
 39-7    degree.
 39-8          (c)  A person commits a separate offense for each day
 39-9    business prohibited by this section is carried on.
39-10          Sec. 14.073 [14.029].  PENALTY FOR FRAUD. (a)  A person
39-11    commits an offense if the person:
39-12                (1)  issues or aids in issuing a receipt or scale
39-13    weight ticket knowing that the grain covered by the receipt or
39-14    scale weight ticket has not been actually received at the [public]
39-15    grain warehouse;
39-16                (2)  issues or aids in issuing a duplicate or
39-17    additional negotiable receipt for grain knowing that a former
39-18    negotiable receipt for the same grain or any part of the grain is
39-19    outstanding except as permitted by Section 14.055 [14.019 of this
39-20    code]; or
39-21                (3)  fraudulently and without proper authority
39-22    represents, forges, alters, counterfeits, or simulates any license,
39-23    scale weight ticket, or receipt provided for by this chapter
39-24    [subchapter].
39-25          (b)  An offense under this section is a felony of the second
39-26    degree.
39-27          Sec. 14.074 [14.030].  PENALTY FOR UNLAWFUL DELIVERY. (a)  A
 40-1    person commits an offense if the person:
 40-2                (1)  delivers grain out of a public grain warehouse
 40-3    knowing that a negotiable receipt for the grain is outstanding and
 40-4    without possessing that receipt; or
 40-5                (2)  delivers grain [a commodity] out of a public grain
 40-6    warehouse:
 40-7                      (A)  knowing that a nonnegotiable receipt or
 40-8    scale weight ticket is outstanding;
 40-9                      (B)  without the prior approval of the person
40-10    lawfully entitled to delivery; and
40-11                      (C)  without the delivery being shown on the
40-12    appropriate records of the warehouse operator [warehouseman].
40-13          (b)  It is an affirmative [a] defense to prosecution under
40-14    this section that the person's action is:
40-15                (1)  a sale or other disposition of grain in lawful
40-16    enforcement of a warehouse operator's [warehouseman's] lien;
40-17                (2)  [or on] a warehouse operator's [warehouseman's]
40-18    lawful termination of a storing, shipping, or handling agreement;
40-19                (3)  a delivery to the person lawfully entitled to
40-20    delivery;
40-21                (4)  a delivery authorized by prior approval of the
40-22    person lawfully entitled to delivery and the delivery is shown on
40-23    the appropriate records of the warehouse operator;
40-24                (5)  necessary to prevent destruction of the grain;
40-25                (6)  taken under the order of a state or federal court;
40-26    or
40-27                (7) [(2)]  permitted by a rule of the department
 41-1    necessary to carry out this chapter [subchapter].
 41-2          (c)  An offense under this section is a felony of the second
 41-3    degree.
 41-4          Sec. 14.075 [14.031].  PENALTY FOR FRAUDULENTLY ISSUING A
 41-5    SCALE WEIGHT TICKET OR RECEIPT. (a)  A person commits an offense if
 41-6    the person fraudulently issues or aids in fraudulently issuing a
 41-7    receipt or scale weight ticket knowing that it contains a false
 41-8    statement.
 41-9          (b)  An offense under this section is a felony of the second
41-10    degree.
41-11          Sec. 14.076 [14.032].  PENALTY FOR CHANGING A RECEIPT OR
41-12    SCALE WEIGHT TICKET AFTER ISSUANCE. (a)  A person commits an
41-13    offense if the person changes a receipt or scale weight ticket
41-14    after its issuance.
41-15          (b)  It is a defense to prosecution under this section that
41-16    the change on the receipt or scale weight ticket is a notation by
41-17    the warehouse operator [warehouseman] for partial delivery or
41-18    corrections made by the warehouse operator [warehouseman] to
41-19    reflect accuracy of accounts.
41-20          (c)  An offense under this section is a felony of the second
41-21    degree.
41-22          Sec. 14.077 [14.033].  PENALTY FOR DEPOSITING GRAIN WITHOUT
41-23    TITLE. (a)  A person commits an offense if the person:
41-24                (1)  deposits grain without having title to the grain
41-25    or deposits grain on which there is a lien or mortgage;
41-26                (2)  receives for the grain a negotiable receipt; and
41-27                (3)  negotiates the receipt for value with intent to
 42-1    deceive and without disclosing the person's lack of title or the
 42-2    existence of a lien or mortgage on the grain.
 42-3          (b)  An offense under this section is a felony of the second
 42-4    degree.
 42-5          Sec. 14.078 [14.034].  PENALTY FOR STEALING GRAIN OR
 42-6    RECEIVING STOLEN GRAIN. (a)  A person commits an offense if the
 42-7    person:
 42-8                (1)  obtains or exercises control over grain stored in
 42-9    a public grain warehouse without the owner's effective consent and
42-10    with the intent to deprive the owner of the grain;
42-11                (2)  obtains from another person grain stolen from a
42-12    public grain warehouse knowing that the grain is stolen; or
42-13                (3)  exercises control over grain stolen from a public
42-14    grain warehouse knowing that the grain is stolen.
42-15          (b)  An offense under this section is a felony of the second
42-16    degree.
42-17          Sec. 14.079. PENALTY FOR INTERFERING WITH SEALED WAREHOUSE OR
42-18    DEPARTMENT INSPECTION OR INVESTIGATION. (a)  A person commits an
42-19    offense if the person:
42-20                (1)  without the department's consent and with the
42-21    intent to obstruct the department's regulation, management, or
42-22    control of sealed grain, obtains or exercises control over grain
42-23    stored in a building, bin, or other similar structure sealed by the
42-24    department;
42-25                (2)  breaks, removes, vandalizes, or otherwise
42-26    interferes with a department seal placed on a building, bin, or
42-27    other similar structure used for the receiving of grain for hire,
 43-1    shipping of grain for hire, storing of grain for hire, or handling
 43-2    of grain for hire;
 43-3                (3)  without the department's consent and with the
 43-4    intent to obstruct the department's regulation, management, or
 43-5    control of sealed grain, interferes with the department's access to
 43-6    or control of grain stored in a building, bin, or other similar
 43-7    structure sealed by the department; or
 43-8                (4)  interferes with the lawful investigation or
 43-9    inspection of  the facilities, records, or grain deposits of a
43-10    public grain warehouse by a department inspector or other
43-11    department official.
43-12          (b) It is an affirmative defense to prosecution under this
43-13    section that the person's action is:
43-14                (1)  necessary to prevent destruction of stored grain
43-15    or the sealed structure; or
43-16                (2)  taken under the order of a state or federal court.
43-17          (c) An offense under this section is a felony of the third
43-18    degree.
43-19                         SUBCHAPTER I. ENFORCEMENT
43-20          Sec. 14.081.  OFFENSE IS VIOLATION; STANDARD OF PROOF. (a)
43-21    Commission of an offense under this chapter is also a violation for
43-22    purposes of administrative enforcement by the department.
43-23          (b)  Proof of a violation under this chapter for purposes of
43-24    administrative enforcement, by assessment of an administrative
43-25    penalty or license sanction, is by a preponderance of the evidence.
43-26          (c)  In an administrative enforcement action against a person
43-27    for the commission of an offense under this chapter, the department
 44-1    is required to prove any intent element provided by the description
 44-2    of the offense.
 44-3          (d)  Both an administrative enforcement action and a criminal
 44-4    prosecution may be maintained against a person who violates this
 44-5    chapter.
 44-6          Sec. 14.082 [14.024].  DISCOVERY OF SHORTAGE; REFUSAL OF
 44-7    INSPECTION. (a)  If the department determines that a warehouse
 44-8    operator [warehouseman] does not possess sufficient grain to cover
 44-9    outstanding receipts and outstanding scale weight tickets issued or
44-10    assumed by the warehouse operator [warehouseman], or if a warehouse
44-11    operator [warehouseman] refuses or is unable to submit records or
44-12    property for lawful inspection or the department is unable to
44-13    conduct an inspection of the warehouse due to the condition of the
44-14    warehouse or grain stored in the warehouse, the department may seal
44-15    the warehouse to prevent delivery or receipt of grain except as
44-16    authorized by the department and give notice to the warehouse
44-17    operator [warehouseman] requiring the warehouse operator
44-18    [warehouseman] to[:]
44-19                [(1)]  cover a shortage of a particular type of grain
44-20    by:
44-21                (1)  storing to the credit of or delivering to each
44-22    depositor affected by the shortage grain of the same type and
44-23    quality that is stored at any of the warehouse operator's licensed
44-24    warehouses in this state and that has been designated as
44-25    company-owned grain by the warehouse operator;
44-26                (2)  purchasing and storing to the credit of or
44-27    delivering to each depositor affected by the shortage grain of the
 45-1    same type and quality;
 45-2                (3)  selling company-owned grain of a different type
 45-3    and paying to each depositor affected by the shortage, on a pro
 45-4    rata basis, the market value of the depositor's grain as determined
 45-5    on the day the shortage was discovered by the department; or
 45-6                (4)  using any combination of the remedies described by
 45-7    Subdivisions (1)-(3) or another fair and reasonable method for
 45-8    meeting the shortage approved by the department[;]
 45-9                [(2)  give additional bond;]
45-10                [(3)  submit to an inspection considered necessary by
45-11    the department; or]
45-12                [(4)  comply with any combination of the requirements
45-13    authorized by this subsection].
45-14          (b)  A warehouse operator [warehouseman] shall comply with
45-15    the requirements of a notice issued under Subsection (a) [of this
45-16    section] within 24 hours of notification by the department or
45-17    within a longer time allowed by the department.  If the warehouse
45-18    operator [warehouseman] fails to comply, the department may
45-19    petition the district court for the county where the warehouse
45-20    operator's [warehouseman's] principal place of business is located,
45-21    as shown by the license application, for a court order authorizing
45-22    the department to take possession of:
45-23                (1)  all or a portion of the grain located in the
45-24    public grain warehouse or warehouses; and
45-25                (2)  all relevant records and property of the warehouse
45-26    operator [warehouseman].
45-27          (c)  If the department takes possession of grain under
 46-1    Subsection (b) [of this section], the department shall give written
 46-2    notice of its action to the surety on the bond of the warehouse
 46-3    operator [warehouseman] and may notify the holders of all receipts
 46-4    and scale weight tickets issued for grain, as shown by the
 46-5    warehouse operator's [warehouseman's] records, to present their
 46-6    receipts or scale weight tickets for inspection or account for the
 46-7    absence of the receipts or scale weight tickets.  The department
 46-8    may then audit and investigate the affairs of the public grain
 46-9    warehouse, especially with respect to the grain of which there is
46-10    an apparent shortage.  The purpose of the audit and investigation
46-11    is to determine the amount of the shortage[,] and, if practicable,
46-12    to compute the shortage as to each depositor, as shown by the
46-13    warehouse operator's [warehouseman's] records.  The department
46-14    shall notify the warehouse operator [warehouseman] and the surety
46-15    on the warehouse operator's [warehouseman's] bond of the
46-16    approximate amount of the shortage. The department shall notify
46-17    each depositor affected by the shortage by sending notice to the
46-18    depositor's last known address, as shown by the warehouse
46-19    operator's [warehouseman's] records.
46-20          (d)  The department shall retain possession of grain obtained
46-21    under this section until:
46-22                (1)  the warehouse operator [warehouseman] or surety on
46-23    the bond satisfies the claims of all depositors, within the
46-24    limitations on liability imposed by this chapter; or
46-25                (2)  the court orders the department to surrender
46-26    possession.
46-27          (e)  If, during or after an audit or investigation authorized
 47-1    by this section or at any other time, the department has evidence
 47-2    that the warehouse operator [warehouseman] is insolvent or unable
 47-3    to satisfy the claims of all depositors, the department may
 47-4    petition the district court for appointment of a receiver to
 47-5    operate or liquidate the business of the warehouse operator
 47-6    [warehouseman] in accordance with law.
 47-7          (f)  At any time before the 11th day following the day on
 47-8    which the department takes possession of grain under this section,
 47-9    the warehouse operator [warehouseman] may serve notice on the
47-10    department to appear in the district court of the county in which
47-11    the public grain warehouse is located to show cause why possession
47-12    should not be restored to the warehouse operator [warehouseman].
47-13    The court shall fix the time of the hearing not less than 5 nor
47-14    more than 15 days from the date of service of the notice.
47-15          Sec. 14.083 [14.015].  DENIAL, REVOCATION, MODIFICATION, OR
47-16    SUSPENSION OF LICENSE OR PROBATION. (a)  The department may deny an
47-17    application for a license or license renewal if the applicant fails
47-18    to comply with a requirement of this chapter, [subchapter or] a
47-19    rule adopted by the department under this chapter, or a lawful
47-20    order of the commissioner or the commissioner's designee
47-21    [subchapter].
47-22          (b)  The department may [shall] revoke, modify, or suspend a
47-23    license or[,] assess an administrative penalty against, place on
47-24    probation [a person whose license has been suspended], or reprimand
47-25    a license holder [licensee] for a violation of this chapter,
47-26    [subchapter or] a rule adopted by the department under this
47-27    chapter, or a lawful order of the commissioner or the
 48-1    commissioner's designee [subchapter].
 48-2          (c)  If the department considers it necessary, the department
 48-3    may suspend a license without a hearing for one or more periods not
 48-4    to cumulatively [a period not to] exceed 30 days in one licensing
 48-5    period.
 48-6          (d)  During a period of license suspension or probation, the
 48-7    department may seal and restrict access to the warehouse operator's
 48-8    buildings, bins, or other similar structures used to receive,
 48-9    store, ship, or handle grain, for hire, and require the warehouse
48-10    operator [If a license suspension is probated, the department may
48-11    require the person] to:
48-12                (1)  maintain additional information in the records of
48-13    the warehouse or report regularly to the department on matters that
48-14    are the basis of the suspension or probation;
48-15                (2)  limit practice to the areas prescribed by the
48-16    department; [or]
48-17                (3)  operate under conditions or by methods prescribed
48-18    by the department; or
48-19                (4)  continue or renew professional education until the
48-20    person attains a degree of skill satisfactory to the department in
48-21    those areas that are the basis of the suspension or probation.
48-22          (e)  Except as provided by Subsection (c) [of this section],
48-23    if the department proposes to deny, revoke, modify, or suspend a
48-24    person's application or license or place a warehouse operator on
48-25    probation, the person is entitled to a hearing conducted under
48-26    Section 12.032.  The decision of the department is appealable in
48-27    the same manner as provided for contested cases under Chapter 2001,
 49-1    Government Code.
 49-2          Sec. 14.084 [14.016].  OPERATION AFTER REVOCATION OR
 49-3    SUSPENSION OF A LICENSE OR PROBATION. (a)  If a license is revoked,
 49-4    the warehouse operator [warehouseman] shall terminate, in a manner
 49-5    prescribed by the department, all arrangements concerning storing,
 49-6    shipping, [or] handling, and purchasing or selling of grain [in the
 49-7    warehouse].
 49-8          (b)  During a period of suspension of a license or probation,
 49-9    the warehouse operator:
49-10                (1)  shall [warehouseman may, under the direction and
49-11    supervision of the department,] operate the warehouse in a manner
49-12    prescribed by the department;
49-13                (2)  may [and] deliver grain previously received,
49-14    subject to the department's written conditions of suspension, if
49-15    any; and
49-16                (3)  [but] may not receive grain for storing, shipping,
49-17    or handling without the department's written authorization.
49-18          Sec. 14.085 [14.025].  INJUNCTION. (a)  If, after [15 days']
49-19    notice, a warehouse operator [warehouseman] refuses to comply with
49-20    this chapter [subchapter], the department may [shall] apply for an
49-21    injunction in a district court in Travis County or in a district or
49-22    county court in the county where the warehouse is located.
49-23          (b)  The courts of this state are vested with jurisdiction to
49-24    issue a temporary or permanent injunction against:
49-25                (1)  operation of a public grain warehouse or issuance
49-26    of receipts or scale weight tickets either without a license or
49-27    during a period of suspension of a warehouse operator's license or
 50-1    during a period when the warehouse operator is under probation;
 50-2    [and]
 50-3                (2)  interference by any person with the carrying out
 50-4    by the department, or by a receiver appointed under this chapter
 50-5    [Section 14.024 of this code], of duties and powers granted by this
 50-6    chapter; or
 50-7                (3)  any other violation of this chapter for which
 50-8    injunctive relief is an appropriate remedy [subchapter].
 50-9          (c)  The notice provided for in Subsection (a)  shall be
50-10    delivered to the warehouse operator not less than 10 business days
50-11    before the date the department applies for an injunction under
50-12    Subsection (b)(1).
50-13          (d)  The notice provided for in Subsection (a)  shall be
50-14    delivered to the warehouse operator not less than two business days
50-15    before the date the department applies for an injunction under
50-16    Subsection (b)(2) or (3).
50-17          Sec. 14.086.  CIVIL PENALTY. (a)  A person who violates this
50-18    chapter is liable for a civil penalty of not less than $500 or more
50-19    than $10,000 for each violation.  Each day a violation occurs or
50-20    continues may be considered a separate violation for purposes of a
50-21    civil penalty assessment.
50-22          (b)  On request of the department, the attorney general or
50-23    the county attorney or the district attorney of the county in which
50-24    the violation is alleged to have occurred shall file suit to
50-25    collect the penalty.  The attorney general, a county attorney, or a
50-26    district attorney may file suit under this section without a
50-27    request from the department.
 51-1          (c)  A county attorney, a district attorney, or the attorney
 51-2    general shall sue in the name of the state for the collection of a
 51-3    penalty provided by this section.
 51-4          (d)  A civil penalty collected under this section shall be
 51-5    deposited in the state treasury to the credit of the general
 51-6    revenue fund.  All civil penalties recovered in suits initially
 51-7    instituted by a local government or governments under this section
 51-8    shall be divided equally between the state and the local government
 51-9    or governments, with 50 percent of the recovery to be paid to the
51-10    general revenue fund and the other 50 percent to be paid equally to
51-11    the local government or governments initially instituting the suit.
51-12          (e)  A civil penalty may not be collected for any violation
51-13    that constituted the basis for a department proceeding to assess an
51-14    administrative penalty, regardless of whether the department was
51-15    successful in collecting the administrative penalty.
51-16          [Sec. 14.026.  COURT ENFORCEMENT OF DEPARTMENT SUBPOENA. A
51-17    judge of a district or county court may order the attendance of
51-18    witnesses or the production of relevant books and records
51-19    subpoenaed by the department for the purpose of enforcing the
51-20    provisions of this subchapter.  The judge may enter the order
51-21    whether the court is in term or on vacation.  The judge may compel
51-22    obedience to an order by proceedings for contempt.]
51-23          Sec. 14.087 [14.0262].  RECOVERY OF COURT COSTS. (a)  On
51-24    prevailing in an action commenced by the department through the
51-25    attorney general under this chapter or in a hearing commenced by
51-26    the warehouse operator under Section 14.082(f) [subchapter], the
51-27    department and the attorney general are each entitled to recover:
 52-1                (1)  investigation costs and fees;
 52-2                (2)  reasonable attorney's fees;
 52-3                (3)  court costs; and
 52-4                (4)  other costs relating to the action, including the
 52-5    cost of depositions and other forms of discovery and copying
 52-6    charges.
 52-7          (b)  The costs recoverable under this section are in addition
 52-8    to other relief available to the department or attorney general.
 52-9          Sec. 14.088 [14.035].  VENUE. (a)  Venue for a criminal
52-10    prosecution under this chapter [subchapter] is in the county in
52-11    which the alleged offense occurred.
52-12          (b)  Except for an action for injunctive relief, venue for a
52-13    civil action under this chapter commenced by the attorney general
52-14    or a county or district attorney, either independently or on behalf
52-15    of the department, is in any county in which all or part of the
52-16    cause of the action accrued.
52-17          (c)  Venue for an action for injunctive relief under this
52-18    chapter is in a district court in Travis County or in a district or
52-19    county court in the county where the warehouse is located.
52-20          (d)  Venue for an administrative action commenced under this
52-21    chapter is governed by Chapter 2001, Government Code, or, to the
52-22    extent not inconsistent with Chapter 2001, the rules of the State
52-23    Office of Administrative Hearings or the department.
52-24                 [SUBCHAPTER C.  OTHER PUBLIC WAREHOUSEMEN]
52-25          [Sec. 14.201.  DEFINITIONS. In this subchapter:]
52-26                [(1)  "Public warehouseman" means a person who stores
52-27    cotton, wheat, rye, oats, or rice, or any kind of produce.]
 53-1                [(2)  "Warehouse" means a house, building, or room in
 53-2    which the commodities listed in Subdivision (1) of this section are
 53-3    stored and protected from damage by the elements.]
 53-4          [Sec. 14.202.  POWERS OF THE DEPARTMENT. A warehouse
 53-5    operating under this subchapter is under the supervision of the
 53-6    department.]
 53-7          [Sec. 14.203.  WAREHOUSE EXAMINERS. (a)  The department may
 53-8    appoint warehouse examiners to examine warehouses.]
 53-9          [(b)  In order to be an examiner, a person must:]
53-10                [(1)  be a cotton grader and classer and a competent
53-11    bookkeeper; and]
53-12                [(2)  not own an interest in or be an officer or
53-13    employee of:]
53-14                      [(A)  a warehouse company or corporation; or]
53-15                      [(B)  a firm engaged in purchasing or selling
53-16    farm, ranch, or orchard products.]
53-17          [(c)  Each examiner shall post a $5,000 bond payable to the
53-18    State of Texas, approved by the department, and conditioned on
53-19    faithful performance of duties by the examiner.]
53-20          [(d)  Each examiner shall file with the department an
53-21    affidavit stating that the examiner will make fair and impartial
53-22    examinations and will not:]
53-23                [(1)  accept any gift or payment for an examination
53-24    other than payment fixed by law; or]
53-25                [(2)  reveal to anyone other than the department or a
53-26    court of law the condition of or information about an examined
53-27    corporation or warehouse.]
 54-1          [(e)  An examiner is not eligible to be appointed receiver of
 54-2    a corporation or warehouse that the examiner has examined.]
 54-3          [(f)  An examiner is entitled to reimbursement for actual and
 54-4    necessary expenses incurred in performing official duties.]
 54-5          [Sec. 14.204.  CERTIFICATE TO TRANSACT BUSINESS. No person
 54-6    may operate a warehouse without first obtaining a certificate to
 54-7    transact business as a public warehouseman from the county clerk of
 54-8    the county in which the warehouse is located.]
 54-9          [Sec. 14.205.  APPLICATION FOR CERTIFICATE. (a)  In order to
54-10    obtain a certificate to transact business, a person must apply in
54-11    writing to the county clerk of the county in which the warehouse is
54-12    to be operated.  The application must state the name and location
54-13    of the warehouse and:]
54-14                [(1)  the name of each person with an interest as owner
54-15    or principal in the warehouse; or]
54-16                [(2)  if a corporation owns or manages the warehouse,
54-17    the name of the president, secretary, and treasurer of the
54-18    corporation.]
54-19          [(b)  The clerk shall issue the certificate and retain for
54-20    county records a copy of the application.]
54-21          [Sec. 14.206.  BOND. (a)  A person receiving a certificate to
54-22    transact business shall file a bond with the county clerk granting
54-23    the certificate.]
54-24          [(b)  The bond must be:]
54-25                [(1)  payable to the State of Texas;]
54-26                [(2)  of good and sufficient surety;]
54-27                [(3)  conditioned on faithful performance of the
 55-1    applicant's duty as a public warehouseman; and]
 55-2                [(4)  in the amount of $5,000.]
 55-3          [(c)  A bond is subject to approval by the county clerk and
 55-4    the clerk shall file approved bonds in the clerk's office.]
 55-5          [Sec. 14.207.  RECEIPTS. (a)  The owner or depositor of
 55-6    property stored in a warehouse may request from the public
 55-7    warehouseman a receipt for the property stored in the warehouse.]
 55-8          [(b)  The receipt shall be signed by the public warehouseman
 55-9    or the warehouseman's agent and shall state:]
55-10                [(1)  that the receipt is issued by a warehouse;]
55-11                [(2)  the date of its issuance;]
55-12                [(3)  the name and location of the warehouse in which
55-13    the property is stored; and]
55-14                [(4)  the description, quantity, number, and marks of
55-15    the property stored.]
55-16          [(c)  The public warehouseman shall number receipts
55-17    consecutively in the order of their issue and shall keep a correct
55-18    record of receipts issued available for public inspection at
55-19    reasonable hours.]
55-20          [Sec. 14.208.  RECEIPT FOR COTTON. (a)  A public warehouseman
55-21    shall issue a warehouse receipt to any person who deposits cotton
55-22    in the warehouseman's warehouse and requests a receipt.]
55-23          [(b)  The receipt shall contain:]
55-24                [(1)  all information required to be included on a
55-25    receipt by Section 14.207 of this code;]
55-26                [(2)  the date on which the cotton was received in the
55-27    warehouse;]
 56-1                [(3)  a statement that the cotton represented by the
 56-2    receipt is deliverable on return of the receipt properly endorsed
 56-3    and payment of charges for storage and insurance stated on the face
 56-4    of the receipt; and]
 56-5                [(4)  a statement of the grade and staple of the cotton
 56-6    represented by the receipt.]
 56-7          [(c)  The statement of grade and staple of cotton required on
 56-8    receipts by this section shall be determined by a licensed public
 56-9    cotton classer.  The public warehouseman may not charge the
56-10    depositor of the cotton more than 25 cents per bale for the
56-11    statement.  If no licensed public cotton classer is available, the
56-12    warehouseman may issue a temporary receipt that:]
56-13                [(1)  does not contain a statement of grade and staple
56-14    of the cotton;]
56-15                [(2)  has the words "temporary receipt" clearly stamped
56-16    on its face; and]
56-17                [(3)  is exchangeable at any time after five days from
56-18    the date of its issuance for a permanent warehouse receipt
56-19    containing all information required by Subsection (b) of this
56-20    section.]
56-21          [(d)  Failure or neglect by a public warehouseman to comply
56-22    with the provisions of this section is a ground for revocation of a
56-23    certificate to transact business as a public warehouseman.]
56-24          [Sec. 14.209.  DUPLICATE RECEIPTS. (a)  A public warehouseman
56-25    may not issue a duplicate receipt or two receipts bearing the same
56-26    number from the same warehouse during the same calendar year,
56-27    except as provided by Subsection (b) of this section.]
 57-1          [(b)  If a receipt is lost or destroyed, the public
 57-2    warehouseman shall issue a new receipt that:]
 57-3                [(1)  bears the same date and number as the original
 57-4    receipt;]
 57-5                [(2)  is plainly marked "duplicate" on its face; and]
 57-6                [(3)  is secured with a deposit:]
 57-7                      [(A)  made by the person requesting the duplicate
 57-8    receipt; and]
 57-9                      [(B)  acceptable to the warehouseman to protect a
57-10    person who may hold the original receipt in good faith and for
57-11    valuable consideration.]
57-12          [Sec. 14.210.  EXCHANGE OF COTTON RECEIPTS. (a)  A person may
57-13    exchange a nonnegotiable receipt for cotton for a negotiable
57-14    receipt for cotton by:]
57-15                [(1)  returning the nonnegotiable receipt to the
57-16    warehouse issuing it; and]
57-17                [(2)  complying with the provisions of this subchapter
57-18    relating to negotiable receipts.]
57-19          [(b)  When the negotiable receipt is surrendered or canceled,
57-20    the public warehouseman shall mark or stamp "canceled" in ink on
57-21    the face of the receipt.]
57-22          [Sec. 14.211.  COTTON UNDER LIEN. A person who buys, sells,
57-23    or deals with cotton on which a lien or encumbrance exists is not
57-24    liable for conversion of the cotton if:]
57-25                [(1)  the cotton is stored in a warehouse or is
57-26    evidenced by a negotiable warehouse receipt issued by a public
57-27    warehouseman; and]
 58-1                [(2)  the person did not have actual knowledge of the
 58-2    lien or encumbrance at the time of the alleged conversion.]
 58-3          [Sec. 14.212.  RECEIPT TO BE ISSUED ONLY ON DELIVERY. A
 58-4    public warehouseman may not issue a receipt until the goods secured
 58-5    by the receipt are actually delivered to the warehouse and are
 58-6    under the control of the warehouseman issuing the receipt.]
 58-7          [Sec. 14.213.  DELIVERY. (a)  A public warehouseman shall
 58-8    immediately deliver property held in the warehouse on:]
 58-9                [(1)  presentation of a properly endorsed receipt
58-10    issued by the warehouseman to represent the property; and]
58-11                [(2)  payment by the holder of the receipt of all
58-12    proper warehouse charges on property represented by the receipt.]
58-13          [(b)  Unless a receipt has been lost or canceled, a public
58-14    warehouseman may not deliver property represented by a receipt
58-15    until the receipt is surrendered and canceled.]
58-16          [(c)  On delivery of goods represented by a receipt, the
58-17    public warehouseman shall cancel the receipt by writing "canceled"
58-18    in ink on the receipt and placing the warehouseman's name on the
58-19    face of the receipt.  A canceled receipt is void and may not be
58-20    circulated.]
58-21          [(d)  A public warehouseman who fails to strictly comply with
58-22    this section is liable to the legal holder of the receipt for the
58-23    full value of the property represented by the receipt, based on the
58-24    value of the property at the time of the default.]
58-25          [Sec. 14.214.  EXCEPTIONS. (a)  This subchapter does not
58-26    apply to private warehouses or the issuance of receipts by the
58-27    owners or managers of private warehouses.]
 59-1          [(b)  This subchapter does not prohibit a public warehouseman
 59-2    from issuing the same types of receipts as issued by a private
 59-3    warehouse, provided that the faces of the receipts are plainly
 59-4    marked with: "not a public warehouse receipt."]
 59-5          [Sec. 14.215.  STORAGE CHARGES. (a)  The department may set
 59-6    minimum storage charges for a warehouse operating under this
 59-7    subchapter.]
 59-8          [(b)  The department is not required to set equal charges at
 59-9    all places or all times and may take into consideration the local
59-10    conditions and volume of business of each warehouse.]
59-11          [(c)  The department shall consider the size of bales in
59-12    setting charges for gin compressed cotton.]
59-13          [Sec. 14.216.  REVOCATION OF A CERTIFICATE. (a)  A person may
59-14    sue in the district court of the county in which a warehouse is
59-15    situated to revoke the certificate of the warehouse.]
59-16          [(b)  The person seeking revocation of the certificate shall
59-17    provide the court with a written petition setting forth particular
59-18    violations of the law, and the court shall conduct the trial with
59-19    the same rules of process, procedure, and evidence used in civil
59-20    cases.]
59-21          SECTION 2. Section 12.020(c), Agriculture Code, is amended to
59-22    read as follows:
59-23          (c)  The provisions of this code subject to this section and
59-24    the applicable penalty amounts are as follows:
59-25          Provision                                     Maximum Penalty
59-26    Chapters 13, [14,] 18, 46, 61, 94,
59-27    95, 101, 102, 103, 121, 125,
 60-1    132, and 134                                                   $500
 60-2    Subchapter B, Chapter 71
 60-3    Chapter 19
 60-4    Chapter [Chapters 75 and] 76                                 $2,000
 60-5    Subchapters A and C, Chapter 71
 60-6    Chapters 72, 73, and 74                                      $5,000
 60-7    Chapter 14                                                 $10,000.
 60-8          SECTION 3. Section 59.003(b), Property Code, is amended to
 60-9    read as follows:
60-10          (b)  Unless a lessor issues a warehouse receipt, bill of
60-11    lading, or other document of title relating to property stored at
60-12    the facility, the following statutes do not apply to a self-service
60-13    storage facility:
60-14                (1)  Chapter 7, Business & Commerce Code, as amended;
60-15    and
60-16                (2)  [Subchapter A,] Chapter 14, Agriculture Code[, as
60-17    amended; and]
60-18                [(3)  Sections 14.201, 14.204 through 14.214, and
60-19    14.216, Agriculture Code].
60-20          SECTION 4. (a)  The changes in law made by this Act apply
60-21    only to an application for a license or renewal of a license made
60-22    to the Department of Agriculture on or after the effective date of
60-23    this Act.  An application for a license or renewal of a license
60-24    made to the Department of Agriculture immediately before the
60-25    effective date of this Act is governed by the law as it existed
60-26    before the effective date of this Act, and that law is continued in
60-27    effect for that purpose.
 61-1          (b)  The changes in law made by Subchapters H and I, Chapter
 61-2    14, Agriculture Code, as amended by this Act, apply only to an
 61-3    offense committed on or after the effective date of this Act.  An
 61-4    offense committed before the effective date of this Act is governed
 61-5    by the law as it existed when the offense was committed, and that
 61-6    law is continued in effect for that purpose. For purposes of this
 61-7    section, an offense was committed before the effective date of this
 61-8    Act if any element of the offense was committed before that date.
 61-9          SECTION 5. This Act takes effect September 1, 2001.