1-1     By:  Swinford (Senate Sponsor - Bivins)               H.B. No. 2586
 1-2           (In the Senate - Received from the House April 26, 2001;
 1-3     April 27, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 10, 2001, reported favorably by the
 1-5     following vote:  Yeas 4, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the regulation of public grain warehouse operators and
 1-9     other public warehouse operators; providing penalties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Chapter 14, Agriculture Code, is reorganized and
1-12     amended as Chapters 14 and 14A to read as follows:
1-13         CHAPTER 14.  REGULATION OF PUBLIC GRAIN WAREHOUSE OPERATORS
1-14                                [REGULATION]
1-15             SUBCHAPTER A. DEFINITIONS [PUBLIC GRAIN WAREHOUSES]
1-16           Sec. 14.001.  DEFINITIONS.  (a)  In this chapter
1-17     [subchapter]:
1-18                 (1)  "Depositor" means a person who:
1-19                       (A)  delivers [deposits] grain to [in] a public
1-20     grain warehouse for storing of the grain for hire, handling of the
1-21     grain for hire, or shipping of the grain for hire;
1-22                       (B)  is the owner or legal holder of an
1-23     outstanding receipt for grain stored in the public grain warehouse
1-24     issuing the receipt; or
1-25                       (C)  is lawfully entitled to possession of [the]
1-26     grain stored in a public grain warehouse.
1-27                 (2)  "Grain" means wheat, grain sorghum, corn, oats,
1-28     barley, rye, soybeans, or any other grain, peas, or beans for which
1-29     federal grain standards are established.
1-30                 (3)  "Open storage grain" means grain that:
1-31                       (A)  is received for storage by a public grain
1-32     warehouse located in this state;
1-33                       (B)  is not covered by a negotiable warehouse
1-34     receipt; and
1-35                       (C)  is not owned by the lessee, owner, or
1-36     operator of the warehouse in which it is stored.
1-37                 (4)  "Public grain warehouse" means a building, bin, or
1-38     similar structure located in this state and used for:
1-39                       (A)  the [receiving,] storing of grain for hire,
1-40     shipping of grain for hire, or handling of grain for hire; or
1-41                       (B)  the purchasing and selling of grain,
1-42     including grain on which payment is deferred.
1-43                 (5)  "Receipt" means a negotiable Texas grain warehouse
1-44     receipt issued by a warehouse operator [warehouseman] licensed
1-45     under this chapter [subchapter].
1-46                 (6)  "License" includes a renewal of or an amendment to
1-47     a license.
1-48                 (7)  "Scale weight ticket" means a load slip other than
1-49     a receipt given to a depositor or other person by a warehouse
1-50     operator [warehouseman] licensed under this chapter [subchapter]
1-51     on:
1-52                       (A)  initial delivery of the grain to the
1-53     warehouse; or
1-54                       (B)  weighing of the grain on the grain warehouse
1-55     operator's scale, regardless of the destination of the grain.
1-56                 (8)  "Receipted grain" means grain that is stored in a
1-57     public grain warehouse and for which a Texas grain warehouse
1-58     receipt has been issued and has not been canceled.
1-59                 (9)  "Warehouse operator" ["Storage grain" means grain
1-60     that:]
1-61                       [(A)  is received in a public grain warehouse
1-62     located in this state; and]
1-63                       [(B)  is not purchased by the lessee, owner, or
1-64     manager of the warehouse receiving the grain.]
 2-1                 [(10)  "Warehouseman"] means a person engaged in the
 2-2     business of operating a public grain warehouse.
 2-3           (b)  For purposes of this chapter, the term "public grain
 2-4     warehouse" as defined by Subsection (a)(4) does not include
 2-5     railcars, trucks, boats, or other vehicles when used to transport
 2-6     grain.
 2-7           (c)  For purposes of this chapter, in those sections that
 2-8     require the warehouse operator to cooperate with or provide
 2-9     information to the department or issue documents or deliver grain
2-10     to customers of the warehouse operator and in those sections that
2-11     require notice to be provided to the warehouse operator by the
2-12     department, the term "warehouse operator" includes all employees,
2-13     agents, or other persons authorized by the warehouse operator to
2-14     issue receipts or scale weight tickets or sign contracts or other
2-15     agreements.
2-16                      SUBCHAPTER B. GENERAL PROVISIONS
2-17           Sec. 14.011 [14.002].  LIMITATION OF CHAPTER [SUBCHAPTER].
2-18     This chapter [subchapter] does not apply to:
2-19                 (1)  a public grain warehouse covered by a license for
2-20     the operation of a public grain warehouse issued by the United
2-21     States Department of Agriculture or other federal agency [under the
2-22     United States Warehouse Act];
2-23                 (2)  an individual producer-owner who does not receive
2-24     from others grain for storage or handling for hire;
2-25                 (3)  a person whose business is manufacturing grain or
2-26     selling manufactured grain and who receives all grain with the
2-27     intent to manufacture the grain or sell manufactured grain [at
2-28     retail, unless the person also satisfies the definition of a
2-29     warehouseman]; or
2-30                 (4)  a person who receives grain with the intent of
2-31     using the grain for planting seed or for feeding livestock on the
2-32     premises where the grain is received[, unless the person requests
2-33     in writing to the department to be licensed].
2-34           Sec. 14.012.  BUSINESS INFORMATION.  (a)  The following
2-35     information, prepared by the department in the course of its
2-36     regulatory authority under this chapter or required to be submitted
2-37     to the department in accordance with the department's
2-38     administration of this chapter, is confidential and not subject to
2-39     public disclosure:
2-40                 (1)  inspection or investigation reports containing
2-41     information regarding grain inventory; and
2-42                 (2)  financial information provided to the department
2-43     to establish net worth for purposes of licensing.
2-44           (b)  Notwithstanding Subsection (a), inspection reports
2-45     containing information regarding grain inventory of a warehouse
2-46     operator or financial information of a warehouse operator provided
2-47     to the department to establish net worth may be:
2-48                 (1)  entered into evidence without sealing and made
2-49     public in:
2-50                       (A)  an administrative proceeding commenced by
2-51     the department against a warehouse operator;
2-52                       (B)  a civil or criminal proceeding commenced by
2-53     a county attorney, a district attorney, or the attorney general,
2-54     either independently or on behalf of the department, against a
2-55     warehouse operator; or
2-56                       (C)  a civil proceeding commenced by the
2-57     warehouse operator against the department;
2-58                 (2)  provided to the issuer of a warehouse operator's
2-59     bond or letter of credit for the purpose of establishing a claim on
2-60     the warehouse operator's bond or letter of credit;
2-61                 (3)  disclosed to the public after:
2-62                       (A)  revocation of a warehouse operator's
2-63     license;
2-64                       (B)  a voluntary closeout of all of the license
2-65     holder's facilities in this state;
2-66                       (C)  a petition for bankruptcy has been filed; or
2-67                       (D)  a receiver is appointed for the warehouse
2-68     operator's assets; or
2-69                 (4)  disclosed to any federal agency or any agency of
 3-1     another state conducting a compliance inspection or criminal or
 3-2     civil investigation involving the handling, storing, shipping,
 3-3     selling, purchasing, or receipt of grain.
 3-4           Sec. 14.013.  RIGHT TO INTERVENE AND NOTIFICATION OF
 3-5     DEPARTMENT. (a)  The department may intervene in a suit for
 3-6     receivership, garnishment, bankruptcy, or any other legal action
 3-7     affecting the assets of a warehouse operator licensed under this
 3-8     chapter or the grain assets of a depositor in a warehouse operated
 3-9     under a license issued by the department, including, to assert the
3-10     rights of depositors not joined in the suit, a suit brought against
3-11     a bond or surety under Section 14.065.
3-12           (b)  Any person who files a suit for receivership,
3-13     garnishment, or bankruptcy or who commences any other legal action
3-14     affecting the assets of a warehouse operator licensed under this
3-15     chapter or the grain assets of a depositor in a warehouse operated
3-16     under a license issued by the department, including a suit against
3-17     a bond or surety under Section 14.065, must give notice to the
3-18     department of the suit or legal action.
3-19           (c)  Notice under this section must be in writing and
3-20     delivered to the department by certified mail, registered mail, or
3-21     commercial delivery service not later than the 20th day after the
3-22     date on which the suit or legal action is commenced.
3-23           (d)  The judgment in an action described by Subsection (a)
3-24     is voidable if the notice required by this section is not provided.
3-25           (e)  The court in which a suit or other legal action
3-26     described by Subsection (a)  is commenced may impose appropriate
3-27     sanctions against a party who fails to provide the notice required
3-28     by this section.
3-29           Sec. 14.014.  RECEIVERSHIP AFFECTING WAREHOUSE ASSETS. (a) A
3-30     person appointed receiver for the assets of a warehouse operator
3-31     licensed under this chapter is not required to obtain a license
3-32     from the department if the person:
3-33                 (1)  is bonded and insured as described by Subsection
3-34     (b); and
3-35                 (2)  after being appointed, does not:
3-36                       (A)  receive additional grain for storing for
3-37     hire, handling for hire, or shipping for hire; or
3-38                       (B)  purchase grain for resale.
3-39           (b)  A person appointed receiver shall maintain:
3-40                 (1)  a bond in the same amount required for a licensed
3-41     warehouse operator; and
3-42                 (2)  casualty insurance in the same amount and type as
3-43     required for a licensed warehouse operator.
3-44           (c)  A person appointed receiver shall file proof of proper
3-45     bonding and verification of insurance with the department on or
3-46     before the date the person is appointed to act as receiver.
3-47           Sec. 14.015 [14.003].  POWERS AND DUTIES OF DEPARTMENT.
3-48     [(a)]  The department shall administer this chapter [subchapter]
3-49     and may:
3-50                 (1)  investigate the storing, shipping, and handling of
3-51     grain and complaints relating to these activities through the
3-52     inspection of:
3-53                       (A)  any public grain warehouse;
3-54                       (B)  the grain stored in any warehouse; or
3-55                       (C)  all property and records pertaining to a
3-56     warehouse;
3-57                 (2)  determine whether a warehouse for which a license
3-58     has been issued or applied for is suitable for properly storing,
3-59     shipping, or handling grain that is stored in or expected to be
3-60     stored in the warehouse;
3-61                 (3)  include field seed within the definition given to
3-62     "grain" by Section 14.001 [of this code];
3-63                 (4)  require that a warehouse operator keep records or
3-64     submit reports the department [it] determines are necessary in the
3-65     administration of this chapter [subchapter];
3-66                 (5)  require a warehouse operator or depositor
3-67     [warehouseman] to terminate storing, shipping, and handling
3-68     agreements within a time specified by the department:
3-69                       (A)  on closeout or revocation of the warehouse
 4-1     operator's [a] license;
 4-2                       (B)  if grain has been abandoned by the warehouse
 4-3     operator or a depositor and the warehouse operator or depositor
 4-4     cannot be located after diligent effort; or
 4-5                       (C)  on issuance of an injunction ordering an
 4-6     unlicensed warehouse operator to cease operations;
 4-7                 (6)  prescribe forms, including the form of receipts,
 4-8     bonds, or applications for licenses;  [and]
 4-9                 (7)  for purposes of determining compliance with this
4-10     chapter or amounts due to a depositor in an action taken by the
4-11     department against a surety or surety instrument under this
4-12     chapter, determine a warehouse operator's specific obligations to a
4-13     depositor, including:
4-14                       (A)  the type, quantity, or quality of open
4-15     storage or receipted grain due a depositor;
4-16                       (B)  the payment owed a depositor if a shortage
4-17     or variance exists in the type, quantity, or quality of a
4-18     depositor's open storage or receipted grain;
4-19                       (C)  the time and manner of delivery of grain due
4-20     a depositor; and
4-21                       (D)  whether a warehouse operator has failed to
4-22     deliver a depositor's open storage or receipted grain within a
4-23     reasonable time;
4-24                 (8)  by written order require a warehouse operator to
4-25     deliver grain of a particular type, quantity, and quality to a
4-26     depositor at a particular time and in a particular manner based on
4-27     the department's determination that the required delivery of grain
4-28     is due the depositor;
4-29                 (9)  classify grain by category, including open
4-30     storage, receipted, identity-preserved, company-owned, and
4-31     abandoned grain, and adopt rules regarding the storage, shipping,
4-32     or handling of classified grain, including recordkeeping and
4-33     accounting requirements;
4-34                 (10)  seize the records of a warehouse operator,
4-35     including any electronic records or the equipment or media on which
4-36     the records are stored, during a period of suspension of a
4-37     warehouse operator's license;
4-38                 (11)  seal or post as sealed, or both seal and post as
4-39     sealed, the warehouse of a warehouse operator:
4-40                       (A)  whose license has been suspended or revoked;
4-41                       (B)  whose license has expired; or
4-42                       (C)  who is unlicensed;
4-43                 (12)  seal or post as sealed, or both seal and post as
4-44     sealed, a warehouse that is found to be unsafe for inspection or
4-45     unsuitable for the storage of grain;
4-46                 (13)  during reasonable hours and to determine
4-47     compliance with this chapter, enter any facility where the
4-48     department reasonably believes grain is being handled, stored,
4-49     shipped, purchased, or sold to examine:
4-50                       (A)  the facility's storage, shipping, handling,
4-51     and financial records;
4-52                       (B)  grain; and
4-53                       (C)  physical structures;
4-54                 (14)  determine the suitability of a warehouse for
4-55     storing, shipping, or handling grain or for adequate and safe
4-56     inspection and, if found unsuitable for any of those purposes,
4-57     order corrective action;
4-58                 (15)  require the warehouse operator to notify the
4-59     department regarding:
4-60                       (A)  the handling of commodities that may pose a
4-61     hazard to humans, animals, the grain of other depositors in the
4-62     warehouse operator's warehouse, or the grain industry;
4-63                       (B)  existing hazards to inspection, including
4-64     recent or ongoing fumigations of warehouse facilities and unsafe or
4-65     inoperable warehouse equipment or structures; or
4-66                       (C)  any change in ownership, management, or
4-67     legal or financial status of a warehouse licensed under this
4-68     chapter;
4-69                 (16)  require by rule that sales, purchase, or
 5-1     brokerage agreements between a warehouse operator and a producer be
 5-2     in writing and contain written terms or provisions the department
 5-3     considers appropriate to protect producers, depositors, and
 5-4     warehouse operators and to ensure the department's ability to carry
 5-5     out its regulatory functions under this chapter;
 5-6                 (17)  regulate a warehouse operator's temporary storage
 5-7     of grain in a non-warehouse location or facility;
 5-8                 (18)  require segregation of grain requiring identity
 5-9     preservation;
5-10                 (19)  enter into cooperative agreements with agencies
5-11     of the federal government or other states to carry out the purposes
5-12     of this chapter;
5-13                 (20)  recover the unused warehouse receipts of a
5-14     warehouse operator:
5-15                       (A)  during any period of probation or suspension
5-16     of the warehouse operator's license;
5-17                       (B)  on revocation or voluntary surrender of the
5-18     warehouse operator's license; or
5-19                       (C)  during any period in which the warehouse
5-20     operator is not licensed, including after a failure to timely renew
5-21     the license;
5-22                 (21)  order corrective action or impose any reasonable
5-23     condition of probation necessary to accomplish the regulatory goals
5-24     authorized by this chapter; and
5-25                 (22)  adopt rules necessary to carry out the provisions
5-26     of this chapter [subchapter].
5-27           [(b)  In any hearing conducted under this subchapter, the
5-28     State Office of Administrative Hearings may:]
5-29                 [(1)  examine under oath any person and examine books
5-30     and records of any licensee;]
5-31                 [(2)  hear testimony and gather evidence for the
5-32     discharge of duties under this subchapter;]
5-33                 [(3)  administer oaths; and]
5-34                 [(4)  issue subpoenas, effective in any part of this
5-35     state, and require attendance of witnesses and the production of
5-36     books.]
5-37           [(c)  The department may appoint and fix duties and
5-38     compensation of inspectors and other personnel and provide
5-39     equipment necessary to enforce the provisions of this subchapter.]
5-40           [(d)  The following information prepared by the department in
5-41     the course of its regulatory authority under this subchapter or
5-42     required to be submitted to the department in accordance with the
5-43     department's administration of this subchapter is confidential and
5-44     not subject to public disclosure:]
5-45                 [(1)  inspection reports containing information
5-46     regarding grain inventory; and]
5-47                 [(2)  financial information provided to the department
5-48     to establish net worth for purposes of licensure.]
5-49                          SUBCHAPTER C.  LICENSING
5-50           Sec. 14.021 [14.004].  LICENSE REQUIRED.  A person may not
5-51     operate a public grain warehouse without first obtaining from the
5-52     department a license in the person's name covering the warehouse.
5-53           Sec. 14.022.  LICENSING OF MULTIPLE WAREHOUSES.  (a)  In this
5-54     section:
5-55                 (1)  "Combination" means a group of two or more public
5-56     grain warehouses or facilities operated under a single set of
5-57     complete records.  For purposes of this chapter, a combination is
5-58     treated as if it were a single public grain warehouse.
5-59                 (2)  "Facility" means two or more public grain
5-60     warehouses located in close proximity on the same general location.
5-61     For purposes of this chapter, and except when part of a
5-62     combination, a facility is treated as if it were a single public
5-63     grain warehouse.
5-64           (b)  A warehouse operator may operate all public grain
5-65     warehouses or facilities within an area no larger than 60 miles in
5-66     diameter as a combination if a single license covering the
5-67     combination is obtained from the department and:
5-68                 (1)  a single recordkeeping system covering only
5-69     warehouses within the combination is maintained by the warehouse
 6-1     operator;
 6-2                 (2)  a single, unique set of sequentially numbered
 6-3     receipts containing all information required by department rule and
 6-4     bearing the name of the license holder and a unique combination
 6-5     name, but not bearing individual warehouse or facility names, is
 6-6     used for the combination;
 6-7                 (3)  for each scale operated by the warehouse operator,
 6-8     the warehouse operator issues and maintains a single, unique set of
 6-9     sequentially numbered scale weight tickets containing all
6-10     information required by department rule and bearing the name of the
6-11     license holder and a unique name identifying the facility where the
6-12     scale is located;
6-13                 (4)  a single daily position report covering all
6-14     storage obligations of the combination and only the combination,
6-15     including company-owned grain, and containing all information
6-16     required by department rule is maintained;
6-17                 (5)  all original warehouse operator records, except
6-18     for scale weight tickets, relating to transactions or storage
6-19     obligations involving the combination are maintained at a single
6-20     location and separate from all other businesses and separately
6-21     licensed warehouse operations of the warehouse operator; and
6-22                 (6)  except as provided by department rule, a single
6-23     unique bond or bond substitute is used to cover the combination.
6-24           (c)  Except as permitted while operating a combination, a
6-25     warehouse operator may not combine or intermingle assets, storage
6-26     obligations, liabilities of any kind, records or record entries,
6-27     contractual obligations, other transactions of any kind, or any
6-28     other business or operating information from different warehouses
6-29     or businesses owned, managed, or operated by the warehouse
6-30     operator.  Each licensed combination or individually licensed
6-31     facility shall be operated as a separate entity under a single,
6-32     unique name and, except as provided by department rule, shall be
6-33     covered by a single, separate bond or bond substitute.
6-34           Sec. 14.023 [14.005].  LICENSING PROCEDURE.  (a)  The
6-35     department may issue, renew, or amend a license following a
6-36     determination that:
6-37                 (1)  the applicant has filed an acceptable bond, a
6-38     financial statement in a form prescribed by the department, and
6-39     proof of casualty [possesses sufficient] insurance required by this
6-40     chapter;
6-41                 (2)  the warehouse is suitable for storage of grain and
6-42     inspection by department personnel; [and]
6-43                 (3)  the applicant has complied with this chapter
6-44     [subchapter] and rules adopted under this chapter; and
6-45                 (4)  the applicant has met the net worth or deficiency
6-46     bond requirements of Section 14.031(e) [subchapter].
6-47           (b)  An applicant must file a separate application for each
6-48     license, renewal, or amendment and shall accompany each application
6-49     for a license or renewal with an annual license fee, as provided by
6-50     department rule.  The department shall prescribe the information to
6-51     be contained in the application.  A person who fails to submit a
6-52     renewal fee on or before the expiration date of the license must
6-53     pay, in addition to the renewal fee, the late fee provided by
6-54     Section 12.024 [of this code].
6-55           (c)  If an applicant for a license previously operated a
6-56     grain warehouse in this state or another state and that warehouse
6-57     ceased to operate while the applicant was the operator, the
6-58     applicant must submit with the application evidence acceptable to
6-59     the department that all debts from the previous operation evidenced
6-60     by receipts have been satisfied. The department may not issue a
6-61     license to an applicant who the department determines has not
6-62     satisfied all such debts from a previous operation.
6-63           [Sec. 14.006.  MULTIPLE WAREHOUSES OPERATED UNDER A SINGLE
6-64     LICENSE.  (a)  For the purpose of granting a license, the
6-65     department may consider as one unit all warehouses owned or
6-66     controlled by the warehouseman that are located in close proximity
6-67     on the same general location.]
6-68           [(b)  All public grain warehouses operating under a single
6-69     license shall be treated as a single warehouse for the purposes of
 7-1     this subchapter, including the issuance of receipts and the receipt
 7-2     and shipment of grain.  However, the department may approve an
 7-3     application requesting that any part of a warehouse be reserved and
 7-4     designated "not for public use."]
 7-5           Sec. 14.024 [14.007].  REQUIREMENT FOR INCREASING CAPACITY.
 7-6     A warehouse operator [warehouseman] may not use any increased
 7-7     warehouse capacity without first obtaining written approval from
 7-8     the department.
 7-9                           SUBCHAPTER D.  BONDING
7-10           Sec. 14.031 [14.009].  BOND.  (a)  In accordance with this
7-11     section, each applicant for a license shall file or have on file a
7-12     bond with the department.
7-13           (b)  The bond must:
7-14                 (1)  be payable to the State of Texas;
7-15                 (2)  be executed by the applicant as principal;
7-16                 (3)  be issued by a corporate surety licensed to do
7-17     business as surety in the State of Texas; and
7-18                 (4)  be in a form and contain terms and conditions
7-19     prescribed by the department.
7-20           (c)  The bond must be conditioned on faithful performance of:
7-21                 (1)  each obligation of a warehouse operator
7-22     [warehouseman] as to receipted grain and open storage grain under
7-23     this chapter [subchapter] and rules adopted under this chapter
7-24     [subchapter], from the effective date of the bond until the license
7-25     is revoked or the bond is canceled, whichever occurs first, whether
7-26     or not the warehouse remains licensed; and
7-27                 (2)  except for a contract for the purchase of grain or
7-28     to act as broker for the grain, each obligation of a warehouse
7-29     operator [warehouseman] under any contract with a depositor that
7-30     exists on the effective date of the bond or is assumed after the
7-31     effective date of the bond and before the license is revoked or the
7-32     bond is canceled, whichever occurs first and whether or not the
7-33     warehouse remains licensed.
7-34           (d)  The bond must be in an amount of not less than $20,000
7-35     and be based on six cents per bushel of storage capacity [$15,000
7-36     nor more than $500,000, based on the following rate:]
7-37                 [(1)  seven cents per bushel on the first million
7-38     bushels of storage capacity;]
7-39                 [(2)  five cents per bushel on the second million
7-40     bushels of storage capacity; and]
7-41                 [(3)  three cents per bushel on all bushels of storage
7-42     capacity above two million bushels].
7-43           (e)  If the actual net worth of an applicant equals less than
7-44     25 cents per bushel of storage capacity, the applicant shall file a
7-45     deficiency bond in an amount equal to the difference between the
7-46     actual net worth and an amount determined by multiplying 25 cents
7-47     times each bushel of storage capacity in the applicant's warehouse.
7-48     A deficiency bond is in addition to the bond required of an
7-49     applicant by this section[, and the maximum amount of a bond
7-50     provided by Subsection (d) of this section does not apply].
7-51           (f)  [In considering the reissuance of a license, the
7-52     department may accept a certificate from a surety stating that a
7-53     bond filed with the department has been renewed or continued.]
7-54           [(g)]  Except as provided by department rule, the [The]
7-55     applicant must [may] give a single bond meeting the requirements of
7-56     this section to cover warehouses licensed as a single facility or
7-57     combination.  A single bond may not be used to cover more than one
7-58     individually licensed facility, more than one combination, or one
7-59     or more individually licensed facilities and one or more
7-60     combinations [all licensed facilities operated by him or her,
7-61     except that each warehouse operated by the applicant must be
7-62     covered by the bond in the amount of at least $15,000].
7-63           (g) [(h)]  The liability of the surety of a bond required by
7-64     this chapter [subchapter] is limited to the face amount of the bond
7-65     and does not accumulate for each successive license period during
7-66     which the bond is in force.
7-67           (h) [(i)]  Subject to the approval of the department, a
7-68     warehouse operator [warehouseman] may deposit the following with
7-69     the department, for the term of the license plus two years, in lieu
 8-1     of a bond required by this section:
 8-2                 (1)  cash;
 8-3                 (2)  an irrevocable letter of credit, payable to the
 8-4     State of Texas; or
 8-5                 (3)  a certificate of deposit from a federally insured
 8-6     bank or savings and loan institution authorized to do business in
 8-7     this state, assigned to the State of Texas[; or]
 8-8                 [(4)  negotiable securities approved by the department
 8-9     as providing the same protection as a surety bond for the grain
8-10     depositor].
8-11           (i) [(j)]  The cash, letter of credit, or certificate of
8-12     deposit[, or securities deposited] under Subsection (h) [(i) of
8-13     this section] must be in the same amount or have a value in the
8-14     same amount as required for the warehouse bond.
8-15           (j) [(k)]  Any interest or income earned on an assigned
8-16     certificate of deposit [or securities] accrues to the owner of the
8-17     certificate [or securities] during the time of the assignment.
8-18           Sec. 14.032 [14.012].  ADDITIONAL BOND [OR INSURANCE].  (a)
8-19     If the department determines that an approved bond [or insurance
8-20     policy] is insufficient, the department shall require the warehouse
8-21     operator [warehouseman] to give additional bond [or insurance].
8-22           (b)  If a license has been suspended or revoked or has
8-23     expired, the department may require a bond from the warehouse
8-24     operator [warehouseman] to protect depositors of grain for as long
8-25     as any receipts or open storage accounts remain outstanding.
8-26           Sec. 14.033 [14.013].  BOND [OR INSURANCE] CANCELLATION. (a)
8-27     A warehouse operator [warehouseman] may not cancel a bond [or
8-28     insurance policy] approved by the department unless the department
8-29     first gives written approval of a substitute bond [or policy].
8-30           (b)  The surety [or insurer] may cancel a bond [or insurance
8-31     policy] by sending notice of intent to cancel by registered or
8-32     certified mail to the department.  Cancellation of a bond may not
8-33     be effective before the 91st day following the day on which the
8-34     surety mails notice of intent to cancel.  [Cancellation of an
8-35     insurance policy may not be effective before the 31st day following
8-36     the day on which the insurer mails notice of intent to cancel.]  On
8-37     receipt of notice of cancellation of a bond [or insurance policy],
8-38     the department shall promptly notify the warehouse operator
8-39     [warehouseman] involved.  Liability under the bond ceases to accrue
8-40     on the effective date of cancellation.  Notwithstanding
8-41     cancellation under this section, the department or a depositor may
8-42     collect under the bond for any claim that arose during the period
8-43     during which the bond was in effect, provided that the claim is
8-44     filed within the applicable limitations period established under
8-45     Section 14.065.
8-46           (c)  The surety [or insurer] shall send a copy of the notice
8-47     required by this section to any government agency requesting it.
8-48           (d)  Notwithstanding any other provision of this chapter, a
8-49     public grain warehouse license is automatically suspended if the
8-50     warehouse operator [subchapter, the department shall automatically
8-51     suspend the license if the warehouseman] fails[:]
8-52                 [(1)]  to file a new bond before the cancellation of a
8-53     bond is effective[; or]
8-54                 [(2)  to file a new certificate of insurance before the
8-55     cancellation of an insurance policy is effective].
8-56           (e)  The suspension of a license under this section continues
8-57     as long as the warehouse operator [warehouseman] fails to maintain
8-58     the bond [or insurance] required by this chapter [subchapter].
8-59           Sec. 14.034.  CANCELLATION OF LETTER OF CREDIT.  (a)  A
8-60     warehouse operator may not cancel a letter of credit approved by
8-61     the department in lieu of a bond unless the department gives
8-62     written approval of a substitute bond or letter of credit.
8-63           (b)  The issuer of the letter of credit may cancel a letter
8-64     of credit by sending notice of intent to cancel by registered or
8-65     certified mail to the department.  Cancellation of a letter of
8-66     credit may not take effect before the 91st day after the date the
8-67     issuer mails notice of intent to cancel.  On receipt of notice of
8-68     cancellation of a letter of credit, the department shall promptly
8-69     notify the warehouse operator involved.  Liability under the letter
 9-1     of credit ceases to accrue on the effective date of cancellation.
 9-2     Notwithstanding cancellation under this subsection or other law to
 9-3     the contrary, the department or a depositor may collect under the
 9-4     letter of credit for any claim that arose during the period during
 9-5     which the letter of credit was in effect, provided that the claim
 9-6     is filed within the applicable limitations period established under
 9-7     Section 14.065.
 9-8           (c)  The issuer of a letter of credit shall send a copy of
 9-9     the notice required by this section to any government agency
9-10     requesting the copy.  Notwithstanding any other provision of this
9-11     chapter, a public grain warehouse license is automatically
9-12     suspended if the warehouse operator fails to file a new bond or
9-13     letter of credit before the cancellation of a letter of credit is
9-14     effective.
9-15           (d)  The suspension of a license under this section continues
9-16     as long as the warehouse operator fails to maintain the bond or
9-17     letter of credit required by this chapter.
9-18           Sec. 14.035.  CANCELLATION OF CERTIFICATE OF DEPOSIT OR CASH.
9-19     (a)  A warehouse operator may not repossess a certificate of
9-20     deposit or cash approved by and deposited with the department in
9-21     lieu of a bond unless:
9-22                 (1)  the department gives written approval of a
9-23     substitute bond or letter of credit; and
9-24                 (2)  at least two years have passed after the
9-25     expiration of the last licensing period during which the
9-26     certificate of deposit or cash was deposited with the department in
9-27     lieu of a bond.
9-28           (b)  Notwithstanding any other provision of this chapter, the
9-29     department may not release a certificate of deposit or cash
9-30     deposited with the department while a claim filed within the
9-31     applicable limitations period established under Section 14.065 is
9-32     pending before the department or a court.
9-33           (c)  A warehouse operator may, on written request to the
9-34     department, recover cash or a certificate of deposit from the
9-35     department before the expiration of the two-year period specified
9-36     in Subsection (a)(2) if:
9-37                 (1)  the department performs a closeout inspection;
9-38                 (2)  the department determines on the best available
9-39     evidence that no outstanding obligations exist at the time of the
9-40     closeout inspection;
9-41                 (3)  the warehouse operator submits with the written
9-42     request a bond:
9-43                       (A)  in an amount equal to six cents per bushel
9-44     for 50 percent of the total storage capacity of the facility or
9-45     combination covered by the cash or certificate of deposit the
9-46     warehouse operator is attempting to recover; and
9-47                       (B)  covering any failure of obligation that may
9-48     have occurred during all licensing periods covered by the cash or
9-49     certificate of deposit the warehouse operator is attempting to
9-50     recover; and
9-51                 (4)  at least 30 days have passed since the closeout
9-52     inspection.
9-53           (d)  A claim against the bond required by Subsection (c) must
9-54     be filed with the department or in a court of competent
9-55     jurisdiction not later than the second anniversary of the date of
9-56     the closeout inspection.
9-57                           SUBCHAPTER E. INSURANCE
9-58           Sec. 14.041 [14.011].  CASUALTY INSURANCE. (a)  Except as
9-59     provided by Subsection (c) [of this section], an applicant for a
9-60     license must file or have on file with the department a certificate
9-61     of insurance evidencing that:
9-62                 (1)  the applicant has an effective policy of insurance
9-63     issued by an insurance company authorized to do business in this
9-64     state or, with the approval of the department, by an eligible [a]
9-65     surplus lines insurer that meets the requirements of Article
9-66     1.14-2, Insurance Code, and rules adopted by the commissioner
9-67     [State Board of Insurance] under that article; and
9-68                 (2)  the policy insures, in the name of the applicant,
9-69     all grain that is or may be in the public grain warehouse for its
 10-1    full market value against loss by or due to water or other fluid,
 10-2    malicious mischief, vandalism, theft, intentional waste or
 10-3    destruction, smoke, fire, internal explosion, lightning, hail,
 10-4    windstorm, hurricane [cyclone], or tornado.
 10-5          (b)  If water or other fluid, malicious mischief, vandalism,
 10-6    theft, intentional waste or destruction, smoke, [a] fire, [an]
 10-7    internal explosion, lightning, hail, [a] windstorm, hurricane [a
 10-8    cyclone], or [a] tornado destroys or damages grain in a public
 10-9    grain warehouse, the warehouse operator [warehouseman] shall, on
10-10    demand by the depositor and presentation of a receipt or other
10-11    evidence of ownership, make settlement with the depositor of the
10-12    grain.  The amount of the settlement shall be the average price
10-13    paid for grain of the same grade and quality on the date of the
10-14    loss at the location of the warehouse, minus the warehouse
10-15    operator's [warehouseman's] charges and advances. If a settlement
10-16    is not made before the 31st day following the date of demand, the
10-17    depositor is entitled to seek recovery from the insurance company.
10-18          (c)  An applicant is not required to file a certificate of
10-19    insurance if the applicant certifies in writing, at or before the
10-20    time the certificate of insurance is due, that all grain within the
10-21    warehouse at the time the license is to be effective is or will be
10-22    owned by the applicant free of any lien.  The applicant shall file
10-23    the required certificate of insurance on or before the first day
10-24    any grain not owned by the applicant free of any lien is stored for
10-25    hire, handled for hire, or shipped for hire.
10-26          Sec. 14.042.  INSURANCE CANCELLATION. (a)  A warehouse
10-27    operator may not cancel an insurance policy approved by the
10-28    department unless the department gives written approval of a
10-29    substitute policy.
10-30          (b)  The insurer may cancel an insurance policy by sending
10-31    notice of intent to cancel by registered or certified mail to the
10-32    department.  Cancellation of an insurance policy is not effective
10-33    before the 31st day following the date the insurer mails notice of
10-34    intent to cancel.  On receipt of notice of cancellation of an
10-35    insurance policy, the department shall promptly notify the
10-36    warehouse operator involved.
10-37          (c)  The insurer shall send a copy of the notice required by
10-38    this section to any government agency requesting the copy.
10-39          (d)  Notwithstanding any other provision of this chapter, a
10-40    public grain warehouse license is automatically suspended if the
10-41    warehouse operator fails to file a new certificate of insurance
10-42    before the cancellation of an insurance policy is effective or
10-43    fails to provide a certification of ownership under Section
10-44    14.041(c).
10-45          (e)  The suspension of a license under this section continues
10-46    as long as the warehouse operator fails to maintain the insurance
10-47    required by this chapter.
10-48          Sec. 14.043.  ADDITIONAL INSURANCE. (a)  If the department
10-49    determines that an approved insurance policy is insufficient, the
10-50    department shall require the warehouse operator to obtain
10-51    additional insurance.
10-52          (b)  If a license has been suspended or revoked or has
10-53    expired, the department may require continued insurance coverage by
10-54    the warehouse operator to protect depositors of grain for as long
10-55    as any receipts or open storage accounts remain outstanding.
10-56          (c)  The warehouse operator shall obtain the additional
10-57    insurance required by this section and provide verification of the
10-58    additional insurance within a time specified by the department, and
10-59    the additional insurance shall be maintained or continued as
10-60    necessary to meet the requirements of this chapter.
10-61               SUBCHAPTER F. WAREHOUSE OPERATOR OBLIGATIONS
10-62          Sec. 14.051 [14.008].  POSTING OF LICENSE. Each warehouse
10-63    operator [warehouseman] shall immediately on receipt of a license
10-64    post the original [it] in a conspicuous place at [in] the primary
10-65    recordkeeping location for the individually licensed facility or
10-66    combination. A copy of the license must be conspicuously posted at
10-67    each facility where grain is stored for hire, handled for hire, or
10-68    shipped for hire [office of the public grain warehouse].
10-69          Sec. 14.052 [14.0091].  WAREHOUSE OPERATOR OBLIGATIONS [OF
 11-1    WAREHOUSEMAN]. (a)  The obligations of a warehouse operator
 11-2    [warehouseman] include the obligation to:
 11-3                (1)  deliver grain [a commodity] to a person holding a
 11-4    receipt for grain [a commodity] stored in the warehouse; and
 11-5                (2)  maintain the quantity and quality of all grain not
 11-6    owned by the warehouse operator, including open storage grain [a
 11-7    commodity as evidenced by and indicated on a warehouse receipt].
 11-8          (b)  Except as otherwise provided by this chapter or by
 11-9    department rule, the [Sec. 14.021.  OBLIGATION TO DELIVER. The]
11-10    obligation of a warehouse operator [warehouseman] to deliver grain
11-11    to a person holding a receipt for grain stored in the public grain
11-12    warehouse is controlled by Section 7.403, Business & Commerce Code.
11-13          (c)  If a warehouse operator accepts for storage, shipping,
11-14    handling, purchase, or sale any grain that is nonfungible or for
11-15    which identity must be preserved, the warehouse operator shall
11-16    safeguard the grain from intermingling with grain that would impair
11-17    or destroy the identity-preserved or nonfungible nature of the
11-18    grain. Nothing in this section requires the warehouse operator to
11-19    accept grain that is nonfungible or that requires identity
11-20    preservation.
11-21          (d)  The warehouse operator remains liable for the quality
11-22    and quantity of grain deposited at the warehouse and for any other
11-23    obligations established under this chapter for any period during
11-24    which the warehouse has been sealed or during any period of
11-25    probation, suspension, or revocation imposed under this chapter or
11-26    for grain abandoned by the warehouse operator unless:
11-27                (1)  the warehouse operator makes a written request to
11-28    the department for access to the warehouse;
11-29                (2)  the request adequately describes why access is
11-30    necessary to meet the warehouse operator's obligations under this
11-31    chapter;
11-32                (3)  the request adequately describes what type of
11-33    access is necessary to meet the warehouse operator's obligations
11-34    under this chapter;
11-35                (4)  the request for access is reasonable;
11-36                (5)  allowing access would not impair the department's
11-37    ability to preserve evidence, warehouse operator records, or
11-38    depositor grain assets; and
11-39                (6)  the request is denied by the department or the
11-40    department imposes unreasonable restrictions that prevent the
11-41    operator from meeting the obligations described in the request.
11-42          (e)  The department is entitled, on behalf of depositors, to
11-43    recover from the warehouse operator's bond the cost of damages
11-44    suffered by depositors as a result of sealing the warehouse or as a
11-45    result of the warehouse operator abandoning the warehouse and the
11-46    grain contained in the warehouse.
11-47          Sec. 14.053 [14.020].  RECEIPT FORMS. (a)  A warehouse
11-48    operator shall use one set of serially numbered and sequentially
11-49    issued receipts for all warehouses operated under a single license.
11-50    In addition to a unique serial number, each receipt form must
11-51    contain all of the information prescribed by department rule.  If
11-52    further provided by department rule, the warehouse operator shall
11-53    request the receipt forms from the printer on a form approved,
11-54    prescribed, or furnished by the department.
11-55          (b)  The warehouse operator shall provide the department with
11-56    an exemplar of the receipt forms and an affidavit from the printer
11-57    showing the number of receipts printed and their serial numbers
11-58    before issuing any receipt from the printed set.  The exemplar and
11-59    affidavit required by this subsection shall be provided each time a
11-60    new set of receipts is printed.
11-61          (c)  The warehouse operator may use an electronic receipt
11-62    system if the provider of the electronic receipt system has been
11-63    approved by the department or by the United States Department of
11-64    Agriculture or any other federal agency that issues a license for
11-65    the operation of a public grain warehouse.
11-66          (d)  The department may require a warehouse operator to
11-67    provide a bond to cover any loss resulting from unlawful use of a
11-68    receipt.  [The department shall supply all receipt forms unless the
11-69    department in writing approves a privately printed receipt form
 12-1    requested by the warehouseman.  The warehouseman shall request
 12-2    receipt forms on a form furnished by the department and shall
 12-3    accompany a request with payment to cover estimated costs of
 12-4    printing, packaging, and shipping, as determined by the department.
 12-5    If the receipts are privately printed, the printer shall provide
 12-6    the department with an affidavit showing the number of the receipts
 12-7    printed and their serial numbers.  The department may require a
 12-8    warehouseman who uses privately printed receipts to provide a bond
 12-9    to cover any loss resulting from the unlawful use of a receipt.]
12-10    The department shall determine the form and the amount of the bond,
12-11    but the amount may not exceed $5,000.
12-12          [(b)  The department shall recover all receipts remaining
12-13    unused after a license required by this subchapter is revoked or
12-14    suspended.]
12-15          Sec. 14.054 [14.017].  ISSUANCE OF SCALE WEIGHT TICKET OR
12-16    RECEIPT. (a)  On receiving grain, a warehouse operator
12-17    [warehouseman] shall issue to the person delivering the grain a
12-18    serially numbered scale weight ticket in a form approved by the
12-19    department.
12-20          (b)  On application of a depositor, the warehouse operator
12-21    [warehouseman] shall issue to the depositor a Texas grain warehouse
12-22    receipt, which must be:
12-23                (1)  in a form prescribed by the department; and
12-24                (2)  in conformity with Chapter 7, Business & Commerce
12-25    Code.
12-26          (c)  A Texas grain warehouse receipt issued under this
12-27    subchapter is subject to the provisions of Chapter 7, Business &
12-28    Commerce Code.
12-29          (d)  A Texas grain warehouse receipt is a negotiable document
12-30    of title.  A scale weight ticket is not a negotiable document of
12-31    title.
12-32          (e)  Except as provided by Section 14.055 [14.019 of this
12-33    code] for duplicate receipts, a warehouse operator may not issue
12-34    two scale weight tickets or two receipts bearing the same number
12-35    during any calendar year.
12-36          (f)  Unless previously canceled in accordance with the
12-37    provisions of Chapter 7, Business & Commerce Code, a Texas grain
12-38    [commodity] warehouse receipt issued under this chapter expires 10
12-39    years after the date of issuance.
12-40          Sec. 14.055 [14.019].  DUPLICATE RECEIPTS. (a)  Except as
12-41    otherwise provided by this section [subsection], if a receipt
12-42    issued under this chapter [subchapter] is outstanding, another
12-43    receipt covering all or part of the grain covered by the initial
12-44    receipt may not be issued by the warehouse operator [warehouseman]
12-45    or any other person.  If a receipt is lost, stolen, or destroyed,
12-46    the owner is entitled to a new receipt as a duplicate or substitute
12-47    for the missing receipt.  The duplicate or substitute receipt has
12-48    the same legal effect as the original receipt and must:
12-49                (1)  state that it is in lieu of the original receipt;
12-50    and
12-51                (2)  bear the number and date of the original receipt.
12-52          (b)  Before issuing a duplicate receipt, the warehouse
12-53    operator [warehouseman] shall require from the owner an indemnity
12-54    bond of double the market value of the grain covered by the missing
12-55    receipt.  The bond must be in a form and with a surety prescribed
12-56    by the department to fully protect all rights under the missing
12-57    receipt.
12-58          (c)  A warehouse operator [warehouseman] may not obtain,
12-59    purchase, or become a surety on a bond for a lost, stolen, or
12-60    destroyed receipt.
12-61          (d)  A court may not order delivery of grain covered by a
12-62    lost, stolen, or destroyed receipt without requiring the bond
12-63    provided by this section.
12-64          Sec. 14.056 [14.018].  RECEIPT FOR GRAIN OWNED BY WAREHOUSE
12-65    OPERATOR [OWNER]. A warehouse operator [warehouseman] may issue a
12-66    receipt for grain that is owned by the warehouse operator
12-67    [warehouseman], in whole or part, and located in the warehouse
12-68    operator's [warehouseman's] warehouse.  The negotiation, transfer,
12-69    sale, or pledge of that receipt may not be defeated because of its
 13-1    ownership.
 13-2          Sec. 14.057 [14.022].  RECORDS. (a)  Every warehouse operator
 13-3    [warehouseman] shall keep in a safe place complete and correct
 13-4    records and accounts pertaining to the public grain warehouse,
 13-5    including records and accounts of:
 13-6                (1)  grain received and withdrawn from the warehouse;
 13-7                (2)  unissued receipts in the warehouse operator's
 13-8    [warehouseman's] possession;
 13-9                (3)  receipts and scale weight tickets issued by the
13-10    warehouse operator [warehouseman]; and
13-11                (4)  receipts returned to and canceled by the warehouse
13-12    operator [warehouseman].
13-13          (b)  The warehouse operator [warehouseman] shall retain the
13-14    records required by this section for the period of time prescribed
13-15    by the department.  The warehouse operator [warehouseman] shall
13-16    retain copies of receipts or other documents evidencing ownership
13-17    of grain or liability of a warehouse operator [warehouseman] as
13-18    long as the documents are outstanding.  If the documents are
13-19    canceled, the warehouse operator [warehouseman] shall retain the
13-20    documents or receipts for a period of not less than two years from
13-21    the date of cancellation.
13-22          (c)  The warehouse operator [warehouseman] shall:
13-23                (1)  clearly mark all canceled receipts "canceled" and
13-24    mark on the face of each receipt the date of the cancellation;
13-25                (2)  keep records and accounts required by this section
13-26    separate from the records and accounts of other businesses; [and]
13-27                (3)  issue in numerical order all scale weight tickets
13-28    and receipts; and
13-29                (4)  keep in numerical order copies of the scale weight
13-30    tickets and receipts issued by the warehouse operator.
13-31          (d)  In records kept under this section, grain may be
13-32    designated as company-owned grain only if:
13-33                (1)  the grain has been paid for and is wholly owned by
13-34    the warehouse operator; or
13-35                (2)  the ownership of the grain has been transferred to
13-36    the warehouse operator under a written contract of purchase.
13-37          (e)  The warehouse operator [warehouseman] shall report to
13-38    the department on forms furnished by the department the following
13-39    information on scale weight tickets used in the warehouse
13-40    operator's [warehouseman's] business:
13-41                (1)  the number of scale weight tickets printed;
13-42                (2)  the serial numbers of the scale weight tickets
13-43    printed; and
13-44                (3)  the printer of the scale weight tickets.
13-45          (f)  The warehouse operator shall make [department may
13-46    inspect] any records required by this section or department rule
13-47    accessible and available for inspection by the department at any
13-48    reasonable time.
13-49          Sec.  14.058 [14.036].  POSTING OF STORAGE RATES OR TARIFFS.
13-50    (a)  A public grain [commodity] warehouse licensed under this
13-51    chapter [subchapter] shall post a copy of all [the] storage rates
13-52    and tariffs charged by the warehouse operator at the main warehouse
13-53    office and at each warehouse facility operating under the license.
13-54          (b)  The [public] warehouse operator shall post any change to
13-55    the posted storage rates or tariffs not later than the third [14th]
13-56    day before the day on which the change is to take effect.
13-57          (c) [(b)]  Department inspectors shall check compliance with
13-58    this section during inspections of a public grain [commodity]
13-59    warehouse under this chapter [subchapter].
13-60          Sec.  14.059 [14.014].  INSPECTIONS; FEE. (a)  On request by
13-61    the department, a warehouse operator [warehouseman] shall report to
13-62    the department on the condition, [conduct,] operation, and business
13-63    of each public grain warehouse that the warehouse operator
13-64    [warehouseman] operates and all grain stored in those warehouses.
13-65          (b)  [A warehouseman shall permit the department to enter and
13-66    inspect each public grain warehouse, its contents, and all records
13-67    related to the grain stored in the warehouse.  The warehouseman
13-68    shall render to the department any assistance necessary for an
13-69    inspection under this section.]
 14-1          [(c)]  The department shall inspect each public grain
 14-2    warehouse at least once annually and may make additional
 14-3    inspections as the department considers necessary.  A warehouse
 14-4    operator [warehouseman] may request that the department make
 14-5    additional inspections.
 14-6          (c) [(d)]  The department shall collect from the warehouse
 14-7    operator [warehouseman] whose public grain warehouse is inspected
 14-8    an inspection fee for an annual inspection or an inspection
 14-9    requested by the warehouse operator [warehouseman], but may not
14-10    collect an inspection fee for other inspections unless the
14-11    inspection is conducted:
14-12                (1)  under the terms of an agreed or ordered suspension
14-13    or probation;
14-14                (2)  in response to a complaint that the warehouse
14-15    operator has not complied with the duties and obligations provided
14-16    for by this chapter and the complaint is determined by the
14-17    department to be valid;
14-18                (3)  as a follow-up inspection to:
14-19                      (A)  determine whether a shortage of grain
14-20    discovered by the department has been corrected;
14-21                      (B)  obtain records not immediately available at
14-22    the location designated as the recordkeeping location in department
14-23    records or to which access was refused during a previous
14-24    inspection;
14-25                      (C)  ensure that recordkeeping discrepancies
14-26    discovered during a previous inspection have been corrected; or
14-27                      (D)  monitor a suspension or probation under this
14-28    chapter; or
14-29                (4)  to monitor termination of arrangements for
14-30    storing, shipping, or handling of grain under this chapter.
14-31          (d)  The department by rule shall set the inspection fee.
14-32                     SUBCHAPTER G. REMEDIES AND CLAIMS
14-33          Sec. 14.061 [14.0261].  WAREHOUSE RECEIPT AS PRIMA FACIE
14-34    EVIDENCE. In an action involving a warehouse operator
14-35    [warehouseman] that is brought under this chapter [subchapter], a
14-36    warehouse receipt constitutes prima facie evidence of the truth of
14-37    the facts stated in the receipt.
14-38          Sec. 14.062.  INVALID RECEIPTS. Notwithstanding any other
14-39    provision of this code or the Business & Commerce Code, a receipt
14-40    for grain is void as to any person who receives the receipt with
14-41    knowledge that the grain purported to be covered by the receipt was
14-42    not, at the time the receipt was issued, actually stored in the
14-43    warehouse of the warehouse operator issuing the receipt.
14-44          Sec. 14.063 [14.023].  TERMINATION OF STORAGE. (a)  A
14-45    warehouse operator [warehouseman] desiring to terminate the storage
14-46    of grain in the warehouse operator's [warehouseman's] warehouse,
14-47    including grain that is abandoned or is unclaimed prior to the sale
14-48    of a warehouse, shall do so in accordance with Sections 7.206 and
14-49    7.210, Business & Commerce Code, except that the warehouse operator
14-50    [warehouseman] is not required to hold the balance of the proceeds
14-51    of a sale, but may transfer the balance to the comptroller, who
14-52    shall treat the money in the same manner as an escheated bank
14-53    account.
14-54          (b)  A purchaser in good faith of grain sold under Section
14-55    7.210, Business & Commerce Code, takes the grain free of any rights
14-56    of the holder of the receipt, but the receipt is evidence of
14-57    entitlement to the escheated funds deposited with the comptroller
14-58    under Subsection (a) [of this section].
14-59          Sec. 14.064.  CERTAIN LOADOUT FEES PROHIBITED. (a)  A
14-60    warehouse operator may not charge a fee for loading out grain if
14-61    the loadout was the result of the misconduct of the warehouse
14-62    operator.
14-63          (b)  Misconduct under this section includes:
14-64                (1)  violation of this chapter as established by final,
14-65    unappealable order of the commissioner;
14-66                (2)  conviction of a crime, including a plea of nolo
14-67    contendere, described as an offense under this chapter; and
14-68                (3)  conviction of a crime, including a plea of nolo
14-69    contendere, described as an offense under the Penal Code and
 15-1    involving any type of fraud or theft related to the storing,
 15-2    shipping, handling, sale, or purchase of grain or the sale or
 15-3    purchase of grain handling, shipping, or storage equipment or
 15-4    warehouse structures or other assets.
 15-5          (c)  A loadout fee collected during a period of suspension of
 15-6    a warehouse operator's license by the department, after revocation
 15-7    of a warehouse operator's license, or during a period in which
 15-8    criminal charges are pending against a warehouse operator, shall be
 15-9    placed in an escrow account by the warehouse operator until:
15-10                (1)  the department's suspension is lifted;
15-11                (2)  the prosecutor ceases to pursue criminal charges;
15-12                (3)  the indictment or information is dismissed by a
15-13    court; or
15-14                (4)  the warehouse operator is acquitted.
15-15          (d)  If misconduct is finally determined to have occurred as
15-16    provided by Subsection (b), the loadout fees placed in escrow shall
15-17    be returned to the person originally paying those fees.  The
15-18    loadout fees placed in escrow shall be returned to the warehouse
15-19    operator if the warehouse operator is found not to have committed
15-20    misconduct by acquittal, by the dismissal of the criminal charges,
15-21    or by final order of the commissioner.
15-22          Sec. 14.065 [14.010].  RECOVERY ON BOND; LIABILITY OF
15-23    WAREHOUSE OPERATOR [WAREHOUSEMAN]. (a)  If no action on the bond or
15-24    cash, certificate of deposit, or letter of credit deposited in lieu
15-25    of a bond of a warehouse operator [warehouseman] is begun before
15-26    the 31st day after the date of a written demand to the department,
15-27    a depositor has a right of action on the bond or cash, certificate
15-28    of deposit, or letter of credit deposited in lieu of a bond for
15-29    recovery of damages suffered by the depositor as a result of the
15-30    failure of the warehouse operator [warehouseman] to comply with any
15-31    condition of the bond, or if cash, a certificate of deposit, or a
15-32    letter of credit is deposited in lieu of a bond, failure to comply
15-33    with any obligation of the warehouse operator under this chapter
15-34    that would have been covered by a bond.
15-35          (b)  Recovery on a bond shall be prorated if claims exceed
15-36    liability on a bond, but a depositor suing on a bond is not
15-37    required to join other depositors in a suit.  The burden of
15-38    establishing proration is on the surety as a matter of defense or
15-39    is on the department as intervenor on behalf of other depositors.
15-40          (c)  A warehouse operator [warehouseman] is liable for
15-41    damages for loss of or injury to grain [a commodity] caused by the
15-42    warehouse operator's [warehouseman's] failure to exercise the care
15-43    that a reasonably prudent person would exercise in regard to the
15-44    grain [commodity] under similar circumstances, but, unless
15-45    otherwise agreed, a warehouse operator [warehouseman] is not liable
15-46    for damages to grain [a commodity] that could not have been avoided
15-47    through the exercise of that care.
15-48          (d)  A person who files an action on a bond under this
15-49    section must serve notice of the suit on the department in the same
15-50    manner and within the same period as for the defendant or surety
15-51    who issued the bond.
15-52          (e)  On authentication by the department, the court shall
15-53    accept into evidence as a public record any report prepared by the
15-54    department under this chapter that describes potential bond claims
15-55    by other depositors, regardless of whether any of those depositors
15-56    are joined in the suit.
15-57          (f)  A person is prohibited from filing a claim on an invalid
15-58    receipt.
15-59          (g)  An action under this section must be brought not later
15-60    than the second anniversary of the  date of expiration of the
15-61    public grain warehouse license in effect at the time the claim
15-62    arose.
15-63          (h)  The department by rule may set a limitations period for
15-64    filing claims with the department on a bond filed with the
15-65    department or cash, a certificate of deposit, or a letter of credit
15-66    deposited with the department in lieu of a bond.
15-67          Sec. 14.066.  APPEAL OF DEPARTMENT ACTION BY WAREHOUSE
15-68    OPERATOR. (a)  A department action or order affecting a warehouse
15-69    operator under this chapter, other than by rulemaking, assessment
 16-1    of an administrative penalty, or imposition of a license sanction,
 16-2    including a suspension under Section 14.083(c), is appealable in
 16-3    accordance with this section.
 16-4          (b)  Not later than the 10th day after the date the
 16-5    department takes an action or issues an order described by
 16-6    Subsection (a), the warehouse operator may serve notice on the
 16-7    department to appear in a district court of Travis County or the
 16-8    district court of the county in which the public grain warehouse is
 16-9    located.  The court shall fix the time of the hearing not less than
16-10    3 days or more than 20 days after the date of service of the
16-11    notice.
16-12          (c)  The burden is on the warehouse operator to show by a
16-13    preponderance of the evidence that the action taken or order issued
16-14    by the department was not authorized under this chapter or, if
16-15    authorized, was an abuse of the department's discretion.
16-16                          SUBCHAPTER H.  OFFENSES
16-17          Sec. 14.071 [14.027].  GENERAL PENALTY. (a)  A person commits
16-18    an offense if the person violates a provision of this chapter for
16-19    which an offense is not expressly provided [subchapter other than
16-20    Section 14.022(d)].
16-21          (b)  An offense under this section is a Class B misdemeanor.
16-22          Sec. 14.072 [14.028].  PENALTY FOR OPERATING WITHOUT A
16-23    LICENSE. (a)  A person commits an offense if the person:
16-24                (1)  transacts any public grain warehouse business
16-25    without first obtaining a license required by this chapter
16-26    [subchapter]; or
16-27                (2)  continues to transact public grain warehouse
16-28    business after a license has been revoked or suspended, or the
16-29    license holder has been placed on probation, except as permitted
16-30    under Section 14.084 [14.016 of this subchapter].
16-31          (b)  An offense under this section is a felony of the third
16-32    degree.
16-33          (c)  A person commits a separate offense for each day
16-34    business prohibited by this section is carried on.
16-35          Sec. 14.073 [14.029].  PENALTY FOR FRAUD. (a)  A person
16-36    commits an offense if the person:
16-37                (1)  issues or aids in issuing a receipt or scale
16-38    weight ticket knowing that the grain covered by the receipt or
16-39    scale weight ticket has not been actually received at the [public]
16-40    grain warehouse;
16-41                (2)  issues or aids in issuing a duplicate or
16-42    additional negotiable receipt for grain knowing that a former
16-43    negotiable receipt for the same grain or any part of the grain is
16-44    outstanding except as permitted by Section 14.055 [14.019 of this
16-45    code]; or
16-46                (3)  fraudulently and without proper authority
16-47    represents, forges, alters, counterfeits, or simulates any license,
16-48    scale weight ticket, or receipt provided for by this chapter
16-49    [subchapter].
16-50          (b)  An offense under this section is a felony of the second
16-51    degree.
16-52          Sec. 14.074 [14.030].  PENALTY FOR UNLAWFUL DELIVERY. (a)  A
16-53    person commits an offense if the person:
16-54                (1)  delivers grain out of a public grain warehouse
16-55    knowing that a negotiable receipt for the grain is outstanding and
16-56    without possessing that receipt; or
16-57                (2)  delivers grain [a commodity] out of a public grain
16-58    warehouse:
16-59                      (A)  knowing that a nonnegotiable receipt or
16-60    scale weight ticket is outstanding;
16-61                      (B)  without the prior approval of the person
16-62    lawfully entitled to delivery; and
16-63                      (C)  without the delivery being shown on the
16-64    appropriate records of the warehouse operator [warehouseman].
16-65          (b)  It is an affirmative [a] defense to prosecution under
16-66    this section that the person's action is:
16-67                (1)  a sale or other disposition of grain in lawful
16-68    enforcement of a warehouse operator's [warehouseman's] lien;
16-69                (2)  [or on] a warehouse operator's [warehouseman's]
 17-1    lawful termination of a storing, shipping, or handling agreement;
 17-2                (3)  a delivery to the person lawfully entitled to
 17-3    delivery;
 17-4                (4)  a delivery authorized by prior approval of the
 17-5    person lawfully entitled to delivery and the delivery is shown on
 17-6    the appropriate records of the warehouse operator;
 17-7                (5)  necessary to prevent destruction of the grain;
 17-8                (6)  taken under the order of a state or federal court;
 17-9    or
17-10                (7) [(2)]  permitted by a rule of the department
17-11    necessary to carry out this chapter [subchapter].
17-12          (c)  An offense under this section is a felony of the second
17-13    degree.
17-14          Sec. 14.075 [14.031].  PENALTY FOR FRAUDULENTLY ISSUING A
17-15    SCALE WEIGHT TICKET OR RECEIPT. (a)  A person commits an offense if
17-16    the person fraudulently issues or aids in fraudulently issuing a
17-17    receipt or scale weight ticket knowing that it contains a false
17-18    statement.
17-19          (b)  An offense under this section is a felony of the second
17-20    degree.
17-21          Sec. 14.076 [14.032].  PENALTY FOR CHANGING A RECEIPT OR
17-22    SCALE WEIGHT TICKET AFTER ISSUANCE. (a)  A person commits an
17-23    offense if the person changes a receipt or scale weight ticket
17-24    after its issuance.
17-25          (b)  It is a defense to prosecution under this section that
17-26    the change on the receipt or scale weight ticket is a notation by
17-27    the warehouse operator [warehouseman] for partial delivery or
17-28    corrections made by the warehouse operator [warehouseman] to
17-29    reflect accuracy of accounts.
17-30          (c)  An offense under this section is a felony of the second
17-31    degree.
17-32          Sec. 14.077 [14.033].  PENALTY FOR DEPOSITING GRAIN WITHOUT
17-33    TITLE. (a)  A person commits an offense if the person:
17-34                (1)  deposits grain without having title to the grain
17-35    or deposits grain on which there is a lien or mortgage;
17-36                (2)  receives for the grain a negotiable receipt; and
17-37                (3)  negotiates the receipt for value with intent to
17-38    deceive and without disclosing the person's lack of title or the
17-39    existence of a lien or mortgage on the grain.
17-40          (b)  An offense under this section is a felony of the second
17-41    degree.
17-42          Sec. 14.078 [14.034].  PENALTY FOR STEALING GRAIN OR
17-43    RECEIVING STOLEN GRAIN. (a)  A person commits an offense if the
17-44    person:
17-45                (1)  obtains or exercises control over grain stored in
17-46    a public grain warehouse without the owner's effective consent and
17-47    with the intent to deprive the owner of the grain;
17-48                (2)  obtains from another person grain stolen from a
17-49    public grain warehouse knowing that the grain is stolen; or
17-50                (3)  exercises control over grain stolen from a public
17-51    grain warehouse knowing that the grain is stolen.
17-52          (b)  An offense under this section is a felony of the second
17-53    degree.
17-54          Sec. 14.079. PENALTY FOR INTERFERING WITH SEALED WAREHOUSE OR
17-55    DEPARTMENT INSPECTION OR INVESTIGATION. (a)  A person commits an
17-56    offense if the person:
17-57                (1)  without the department's consent and with the
17-58    intent to obstruct the department's regulation, management, or
17-59    control of sealed grain, obtains or exercises control over grain
17-60    stored in a building, bin, or other similar structure sealed by the
17-61    department;
17-62                (2)  breaks, removes, vandalizes, or otherwise
17-63    interferes with a department seal placed on a building, bin, or
17-64    other similar structure used for the receiving of grain for hire,
17-65    shipping of grain for hire, storing of grain for hire, or handling
17-66    of grain for hire;
17-67                (3)  without the department's consent and with the
17-68    intent to obstruct the department's regulation, management, or
17-69    control of sealed grain, interferes with the department's access to
 18-1    or control of grain stored in a building, bin, or other similar
 18-2    structure sealed by the department; or
 18-3                (4)  interferes with the lawful investigation or
 18-4    inspection of  the facilities, records, or grain deposits of a
 18-5    public grain warehouse by a department inspector or other
 18-6    department official.
 18-7          (b) It is an affirmative defense to prosecution under this
 18-8    section that the person's action is:
 18-9                (1)  necessary to prevent destruction of stored grain
18-10    or the sealed structure; or
18-11                (2)  taken under the order of a state or federal court.
18-12          (c) An offense under this section is a felony of the third
18-13    degree.
18-14                         SUBCHAPTER I. ENFORCEMENT
18-15          Sec. 14.081.  OFFENSE IS VIOLATION; STANDARD OF PROOF. (a)
18-16    Commission of an offense under this chapter is also a violation for
18-17    purposes of administrative enforcement by the department.
18-18          (b)  Proof of a violation under this chapter for purposes of
18-19    administrative enforcement, by assessment of an administrative
18-20    penalty or license sanction, is by a preponderance of the evidence.
18-21          (c)  In an administrative enforcement action against a person
18-22    for the commission of an offense under this chapter, the department
18-23    is required to prove any intent element provided by the description
18-24    of the offense.
18-25          (d)  Both an administrative enforcement action and a criminal
18-26    prosecution may be maintained against a person who violates this
18-27    chapter.
18-28          Sec. 14.082 [14.024].  DISCOVERY OF SHORTAGE; REFUSAL OF
18-29    INSPECTION. (a)  If the department determines that a warehouse
18-30    operator [warehouseman] does not possess sufficient grain to cover
18-31    outstanding receipts and outstanding scale weight tickets issued or
18-32    assumed by the warehouse operator [warehouseman], or if a warehouse
18-33    operator [warehouseman] refuses or is unable to submit records or
18-34    property for lawful inspection or the department is unable to
18-35    conduct an inspection of the warehouse due to the condition of the
18-36    warehouse or grain stored in the warehouse, the department may seal
18-37    the warehouse to prevent delivery or receipt of grain except as
18-38    authorized by the department and give notice to the warehouse
18-39    operator [warehouseman] requiring the warehouse operator
18-40    [warehouseman] to[:]
18-41                [(1)]  cover a shortage of a particular type of grain
18-42    by:
18-43                (1)  storing to the credit of or delivering to each
18-44    depositor affected by the shortage grain of the same type and
18-45    quality that is stored at any of the warehouse operator's licensed
18-46    warehouses in this state and that has been designated as
18-47    company-owned grain by the warehouse operator;
18-48                (2)  purchasing and storing to the credit of or
18-49    delivering to each depositor affected by the shortage grain of the
18-50    same type and quality;
18-51                (3)  selling company-owned grain of a different type
18-52    and paying to each depositor affected by the shortage, on a pro
18-53    rata basis, the market value of the depositor's grain as determined
18-54    on the day the shortage was discovered by the department; or
18-55                (4)  using any combination of the remedies described by
18-56    Subdivisions (1)-(3) or another fair and reasonable method for
18-57    meeting the shortage approved by the department[;]
18-58                [(2)  give additional bond;]
18-59                [(3)  submit to an inspection considered necessary by
18-60    the department; or]
18-61                [(4)  comply with any combination of the requirements
18-62    authorized by this subsection].
18-63          (b)  A warehouse operator [warehouseman] shall comply with
18-64    the requirements of a notice issued under Subsection (a) [of this
18-65    section] within 24 hours of notification by the department or
18-66    within a longer time allowed by the department.  If the warehouse
18-67    operator [warehouseman] fails to comply, the department may
18-68    petition the district court for the county where the warehouse
18-69    operator's [warehouseman's] principal place of business is located,
 19-1    as shown by the license application, for a court order authorizing
 19-2    the department to take possession of:
 19-3                (1)  all or a portion of the grain located in the
 19-4    public grain warehouse or warehouses; and
 19-5                (2)  all relevant records and property of the warehouse
 19-6    operator [warehouseman].
 19-7          (c)  If the department takes possession of grain under
 19-8    Subsection (b) [of this section], the department shall give written
 19-9    notice of its action to the surety on the bond of the warehouse
19-10    operator [warehouseman] and may notify the holders of all receipts
19-11    and scale weight tickets issued for grain, as shown by the
19-12    warehouse operator's [warehouseman's] records, to present their
19-13    receipts or scale weight tickets for inspection or account for the
19-14    absence of the receipts or scale weight tickets.  The department
19-15    may then audit and investigate the affairs of the public grain
19-16    warehouse, especially with respect to the grain of which there is
19-17    an apparent shortage.  The purpose of the audit and investigation
19-18    is to determine the amount of the shortage[,] and, if practicable,
19-19    to compute the shortage as to each depositor, as shown by the
19-20    warehouse operator's [warehouseman's] records.  The department
19-21    shall notify the warehouse operator [warehouseman] and the surety
19-22    on the warehouse operator's [warehouseman's] bond of the
19-23    approximate amount of the shortage. The department shall notify
19-24    each depositor affected by the shortage by sending notice to the
19-25    depositor's last known address, as shown by the warehouse
19-26    operator's [warehouseman's] records.
19-27          (d)  The department shall retain possession of grain obtained
19-28    under this section until:
19-29                (1)  the warehouse operator [warehouseman] or surety on
19-30    the bond satisfies the claims of all depositors, within the
19-31    limitations on liability imposed by this chapter; or
19-32                (2)  the court orders the department to surrender
19-33    possession.
19-34          (e)  If, during or after an audit or investigation authorized
19-35    by this section or at any other time, the department has evidence
19-36    that the warehouse operator [warehouseman] is insolvent or unable
19-37    to satisfy the claims of all depositors, the department may
19-38    petition the district court for appointment of a receiver to
19-39    operate or liquidate the business of the warehouse operator
19-40    [warehouseman] in accordance with law.
19-41          (f)  At any time before the 11th day following the day on
19-42    which the department takes possession of grain under this section,
19-43    the warehouse operator [warehouseman] may serve notice on the
19-44    department to appear in the district court of the county in which
19-45    the public grain warehouse is located to show cause why possession
19-46    should not be restored to the warehouse operator [warehouseman].
19-47    The court shall fix the time of the hearing not less than 5 nor
19-48    more than 15 days from the date of service of the notice.
19-49          Sec. 14.083 [14.015].  DENIAL, REVOCATION, MODIFICATION, OR
19-50    SUSPENSION OF LICENSE OR PROBATION. (a)  The department may deny an
19-51    application for a license or license renewal if the applicant fails
19-52    to comply with a requirement of this chapter, [subchapter or] a
19-53    rule adopted by the department under this chapter, or a lawful
19-54    order of the commissioner or the commissioner's designee
19-55    [subchapter].
19-56          (b)  The department may [shall] revoke, modify, or suspend a
19-57    license or[,] assess an administrative penalty against, place on
19-58    probation [a person whose license has been suspended], or reprimand
19-59    a license holder [licensee] for a violation of this chapter,
19-60    [subchapter or] a rule adopted by the department under this
19-61    chapter, or a lawful order of the commissioner or the
19-62    commissioner's designee [subchapter].
19-63          (c)  If the department considers it necessary, the department
19-64    may suspend a license without a hearing for one or more periods not
19-65    to cumulatively [a period not to] exceed 30 days in one licensing
19-66    period.
19-67          (d)  During a period of license suspension or probation, the
19-68    department may seal and restrict access to the warehouse operator's
19-69    buildings, bins, or other similar structures used to receive,
 20-1    store, ship, or handle grain, for hire, and require the warehouse
 20-2    operator [If a license suspension is probated, the department may
 20-3    require the person] to:
 20-4                (1)  maintain additional information in the records of
 20-5    the warehouse or report regularly to the department on matters that
 20-6    are the basis of the suspension or probation;
 20-7                (2)  limit practice to the areas prescribed by the
 20-8    department; [or]
 20-9                (3)  operate under conditions or by methods prescribed
20-10    by the department; or
20-11                (4)  continue or renew professional education until the
20-12    person attains a degree of skill satisfactory to the department in
20-13    those areas that are the basis of the suspension or probation.
20-14          (e)  Except as provided by Subsection (c) [of this section],
20-15    if the department proposes to deny, revoke, modify, or suspend a
20-16    person's application or license or place a warehouse operator on
20-17    probation, the person is entitled to a hearing conducted under
20-18    Section 12.032.  The decision of the department is appealable in
20-19    the same manner as provided for contested cases under Chapter 2001,
20-20    Government Code.
20-21          Sec. 14.084 [14.016].  OPERATION AFTER REVOCATION OR
20-22    SUSPENSION OF A LICENSE OR PROBATION. (a)  If a license is revoked,
20-23    the warehouse operator [warehouseman] shall terminate, in a manner
20-24    prescribed by the department, all arrangements concerning storing,
20-25    shipping, [or] handling, and purchasing or selling of grain [in the
20-26    warehouse].
20-27          (b)  During a period of suspension of a license or probation,
20-28    the warehouse operator:
20-29                (1)  shall [warehouseman may, under the direction and
20-30    supervision of the department,] operate the warehouse in a manner
20-31    prescribed by the department;
20-32                (2)  may [and] deliver grain previously received,
20-33    subject to the department's written conditions of suspension, if
20-34    any; and
20-35                (3)  [but] may not receive grain for storing, shipping,
20-36    or handling without the department's written authorization.
20-37          Sec. 14.085 [14.025].  INJUNCTION. (a)  If, after [15 days']
20-38    notice, a warehouse operator [warehouseman] refuses to comply with
20-39    this chapter [subchapter], the department may [shall] apply for an
20-40    injunction in a district court in Travis County or in a district or
20-41    county court in the county where the warehouse is located.
20-42          (b)  The courts of this state are vested with jurisdiction to
20-43    issue a temporary or permanent injunction against:
20-44                (1)  operation of a public grain warehouse or issuance
20-45    of receipts or scale weight tickets either without a license or
20-46    during a period of suspension of a warehouse operator's license or
20-47    during a period when the warehouse operator is under probation;
20-48    [and]
20-49                (2)  interference by any person with the carrying out
20-50    by the department, or by a receiver appointed under this chapter
20-51    [Section 14.024 of this code], of duties and powers granted by this
20-52    chapter; or
20-53                (3)  any other violation of this chapter for which
20-54    injunctive relief is an appropriate remedy [subchapter].
20-55          (c)  The notice provided for in Subsection (a)  shall be
20-56    delivered to the warehouse operator not less than 10 business days
20-57    before the date the department applies for an injunction under
20-58    Subsection (b)(1).
20-59          (d)  The notice provided for in Subsection (a)  shall be
20-60    delivered to the warehouse operator not less than two business days
20-61    before the date the department applies for an injunction under
20-62    Subsection (b)(2) or (3).
20-63          Sec. 14.086.  CIVIL PENALTY. (a)  A person who violates this
20-64    chapter is liable for a civil penalty of not less than $500 or more
20-65    than $10,000 for each violation.  Each day a violation occurs or
20-66    continues may be considered a separate violation for purposes of a
20-67    civil penalty assessment.
20-68          (b)  On request of the department, the attorney general or
20-69    the county attorney or the district attorney of the county in which
 21-1    the violation is alleged to have occurred shall file suit to
 21-2    collect the penalty.  The attorney general, a county attorney, or a
 21-3    district attorney may file suit under this section without a
 21-4    request from the department.
 21-5          (c)  A county attorney, a district attorney, or the attorney
 21-6    general shall sue in the name of the state for the collection of a
 21-7    penalty provided by this section.
 21-8          (d)  A civil penalty collected under this section shall be
 21-9    deposited in the state treasury to the credit of the general
21-10    revenue fund.  All civil penalties recovered in suits initially
21-11    instituted by a local government or governments under this section
21-12    shall be divided equally between the state and the local government
21-13    or governments, with 50 percent of the recovery to be paid to the
21-14    general revenue fund and the other 50 percent to be paid equally to
21-15    the local government or governments initially instituting the suit.
21-16          (e)  A civil penalty may not be collected for any violation
21-17    that constituted the basis for a department proceeding to assess an
21-18    administrative penalty, regardless of whether the department was
21-19    successful in obtaining a judgment for the administrative penalty.
21-20          [Sec. 14.026.  COURT ENFORCEMENT OF DEPARTMENT SUBPOENA. A
21-21    judge of a district or county court may order the attendance of
21-22    witnesses or the production of relevant books and records
21-23    subpoenaed by the department for the purpose of enforcing the
21-24    provisions of this subchapter.  The judge may enter the order
21-25    whether the court is in term or on vacation.  The judge may compel
21-26    obedience to an order by proceedings for contempt.]
21-27          Sec. 14.087 [14.0262].  RECOVERY OF COURT COSTS. (a)  On
21-28    prevailing in an action commenced by the department through the
21-29    attorney general under this chapter or in a hearing commenced by
21-30    the warehouse operator under Section 14.082(f) [subchapter], the
21-31    department and the attorney general are each entitled to recover:
21-32                (1)  investigation costs and fees;
21-33                (2)  reasonable attorney's fees;
21-34                (3)  court costs; and
21-35                (4)  other costs relating to the action, including the
21-36    cost of depositions and other forms of discovery and copying
21-37    charges.
21-38          (b)  The costs recoverable under this section are in addition
21-39    to other relief available to the department or attorney general.
21-40          Sec. 14.088 [14.035].  VENUE. (a)  Venue for a criminal
21-41    prosecution under this chapter [subchapter] is in the county in
21-42    which the alleged offense occurred.
21-43          (b)  Except for an action for injunctive relief, venue for a
21-44    civil action under this chapter commenced by the attorney general
21-45    or a county or district attorney, either independently or on behalf
21-46    of the department, is in any county in which all or part of the
21-47    cause of the action accrued.
21-48          (c)  Venue for an action for injunctive relief under this
21-49    chapter is in a district court in Travis County or in a district or
21-50    county court in the county where the warehouse is located.
21-51          (d)  Venue for an administrative action commenced under this
21-52    chapter is governed by Chapter 2001, Government Code, or, to the
21-53    extent not inconsistent with Chapter 2001, the rules of the State
21-54    Office of Administrative Hearings or the department.
21-55                 CHAPTER 14A [SUBCHAPTER C].  OTHER PUBLIC
21-56                    WAREHOUSE OPERATORS [WAREHOUSEMEN]
21-57          Sec. 14A.001 [14.201].  DEFINITIONS. In this chapter
21-58    [subchapter]:
21-59                (1)  "Public warehouse operator [warehouseman]" means a
21-60    person who stores cotton, wheat, rye, oats, or rice, or any kind of
21-61    produce.
21-62                (2)  "Warehouse" means a house, building, or room in
21-63    which the commodities listed in Subdivision (1) [of this section]
21-64    are stored and protected from damage by the elements.
21-65          [Sec. 14.202.  POWERS OF THE DEPARTMENT. A warehouse
21-66    operating under this subchapter is under the supervision of the
21-67    department.]
21-68          [Sec. 14.203.  WAREHOUSE EXAMINERS. (a)  The department may
21-69    appoint warehouse examiners to examine warehouses.]
 22-1          [(b)  In order to be an examiner, a person must:]
 22-2                [(1)  be a cotton grader and classer and a competent
 22-3    bookkeeper; and]
 22-4                [(2)  not own an interest in or be an officer or
 22-5    employee of:]
 22-6                      [(A)  a warehouse company or corporation; or]
 22-7                      [(B)  a firm engaged in purchasing or selling
 22-8    farm, ranch, or orchard products.]
 22-9          [(c)  Each examiner shall post a $5,000 bond payable to the
22-10    State of Texas, approved by the department, and conditioned on
22-11    faithful performance of duties by the examiner.]
22-12          [(d)  Each examiner shall file with the department an
22-13    affidavit stating that the examiner will make fair and impartial
22-14    examinations and will not:]
22-15                [(1)  accept any gift or payment for an examination
22-16    other than payment fixed by law; or]
22-17                [(2)  reveal to anyone other than the department or a
22-18    court of law the condition of or information about an examined
22-19    corporation or warehouse.]
22-20          [(e)  An examiner is not eligible to be appointed receiver of
22-21    a corporation or warehouse that the examiner has examined.]
22-22          [(f)  An examiner is entitled to reimbursement for actual and
22-23    necessary expenses incurred in performing official duties.]
22-24          Sec. 14A.002 [14.204].  CERTIFICATE TO TRANSACT BUSINESS. No
22-25    person may operate a warehouse without first obtaining a
22-26    certificate to transact business as a public warehouse operator
22-27    [warehouseman] from the county clerk of the county in which the
22-28    warehouse is located.
22-29          Sec. 14A.003 [14.205].  APPLICATION FOR CERTIFICATE. (a)  In
22-30    order to obtain a certificate to transact business, a person must
22-31    apply in writing to the county clerk of the county in which the
22-32    warehouse is to be operated.  The application must state the name
22-33    and location of the warehouse and:
22-34                (1)  the name of each person with an interest as owner
22-35    or principal in the warehouse; or
22-36                (2)  if a corporation owns or manages the warehouse,
22-37    the name of the president, secretary, and treasurer of the
22-38    corporation.
22-39          (b)  The clerk shall issue the certificate and retain for
22-40    county records a copy of the application.
22-41          Sec. 14A.004 [14.206].  BOND. (a)  A person receiving a
22-42    certificate to transact business shall file a bond with the county
22-43    clerk granting the certificate.
22-44          (b)  The bond must be:
22-45                (1)  payable to the State of Texas;
22-46                (2)  of good and sufficient surety;
22-47                (3)  conditioned on faithful performance of the
22-48    applicant's duty as a public warehouse operator [warehouseman]; and
22-49                (4)  in the amount of $5,000.
22-50          (c)  A bond is subject to approval by the county clerk and
22-51    the clerk shall file approved bonds in the clerk's office.
22-52          Sec. 14A.005 [14.207].  RECEIPTS. (a)  The owner or depositor
22-53    of property stored in a warehouse may request from the public
22-54    warehouse operator [warehouseman] a receipt for the property stored
22-55    in the warehouse.
22-56          (b)  The receipt shall be signed by the public warehouse
22-57    operator [warehouseman] or the warehouse operator's
22-58    [warehouseman's] agent and shall state:
22-59                (1)  that the receipt is issued by a warehouse;
22-60                (2)  the date of its issuance;
22-61                (3)  the name and location of the warehouse in which
22-62    the property is stored; and
22-63                (4)  the description, quantity, number, and marks of
22-64    the property stored.
22-65          (c)  The public warehouse operator [warehouseman] shall
22-66    number receipts consecutively in the order of their issue and shall
22-67    keep a correct record of receipts issued available for public
22-68    inspection at reasonable hours.
22-69          Sec. 14A.006 [14.208].  RECEIPT FOR COTTON. (a)  A public
 23-1    warehouse operator [warehouseman] shall issue a warehouse receipt
 23-2    to any person who deposits cotton in the warehouse operator's
 23-3    [warehouseman's] warehouse and requests a receipt.
 23-4          (b)  The receipt shall contain:
 23-5                (1)  all information required to be included on a
 23-6    receipt by Section 14A.005 [14.207 of this code];
 23-7                (2)  the date on which the cotton was received in the
 23-8    warehouse;
 23-9                (3)  a statement that the cotton represented by the
23-10    receipt is deliverable on return of the receipt properly endorsed
23-11    and payment of charges for storage and insurance stated on the face
23-12    of the receipt; and
23-13                (4)  a statement of the grade and staple of the cotton
23-14    represented by the receipt.
23-15          (c)  The statement of grade and staple of cotton required on
23-16    receipts by this section shall be determined by a licensed public
23-17    cotton classer.  The public warehouse operator [warehouseman] may
23-18    not charge the depositor of the cotton more than 25 cents per bale
23-19    for the statement.  If no licensed public cotton classer is
23-20    available, the warehouse operator [warehouseman] may issue a
23-21    temporary receipt that:
23-22                (1)  does not contain a statement of grade and staple
23-23    of the cotton;
23-24                (2)  has the words "temporary receipt" clearly stamped
23-25    on its face; and
23-26                (3)  is exchangeable at any time after five days from
23-27    the date of its issuance for a permanent warehouse receipt
23-28    containing all information required by Subsection (b) [of this
23-29    section].
23-30          (d)  Failure or neglect by a public warehouse operator
23-31    [warehouseman] to comply with the provisions of this section is a
23-32    ground for revocation of a certificate to transact business as a
23-33    public warehouse operator [warehouseman].
23-34          Sec. 14A.007 [14.209].  DUPLICATE RECEIPTS. (a)  A public
23-35    warehouse operator [warehouseman] may not issue a duplicate receipt
23-36    or two receipts bearing the same number from the same warehouse
23-37    during the same calendar year, except as provided by Subsection (b)
23-38    [of this section].
23-39          (b)  If a receipt is lost or destroyed, the public warehouse
23-40    operator [warehouseman] shall issue a new receipt that:
23-41                (1)  bears the same date and number as the original
23-42    receipt;
23-43                (2)  is plainly marked "duplicate" on its face; and
23-44                (3)  is secured with a deposit:
23-45                      (A)  made by the person requesting the duplicate
23-46    receipt; and
23-47                      (B)  acceptable to the warehouse operator
23-48    [warehouseman] to protect a person who may hold the original
23-49    receipt in good faith and for valuable consideration.
23-50          Sec. 14A.008 [14.210].  EXCHANGE OF COTTON RECEIPTS. (a)  A
23-51    person may exchange a nonnegotiable receipt for cotton for a
23-52    negotiable receipt for cotton by:
23-53                (1)  returning the nonnegotiable receipt to the
23-54    warehouse issuing it; and
23-55                (2)  complying with the provisions of this chapter
23-56    [subchapter] relating to negotiable receipts.
23-57          (b)  When the negotiable receipt is surrendered or canceled,
23-58    the public warehouse operator [warehouseman] shall mark or stamp
23-59    "canceled" in ink on the face of the receipt.
23-60          Sec. 14A.009 [14.211].  COTTON UNDER LIEN. A person who buys,
23-61    sells, or deals with cotton on which a lien or encumbrance exists
23-62    is not liable for conversion of the cotton if:
23-63                (1)  the cotton is stored in a warehouse or is
23-64    evidenced by a negotiable warehouse receipt issued by a public
23-65    warehouse operator [warehouseman]; and
23-66                (2)  the person did not have actual knowledge of the
23-67    lien or encumbrance at the time of the alleged conversion.
23-68          Sec. 14A.010 [14.212].  RECEIPT TO BE ISSUED ONLY ON
23-69    DELIVERY. A public warehouse operator [warehouseman] may not issue
 24-1    a receipt until the goods secured by the receipt are actually
 24-2    delivered to the warehouse and are under the control of the
 24-3    warehouse operator [warehouseman] issuing the receipt.
 24-4          Sec. 14A.011 [14.213].  DELIVERY. (a)  A public warehouse
 24-5    operator [warehouseman] shall immediately deliver property held in
 24-6    the warehouse on:
 24-7                (1)  presentation of a properly endorsed receipt issued
 24-8    by the warehouse operator [warehouseman] to represent the property;
 24-9    and
24-10                (2)  payment by the holder of the receipt of all proper
24-11    warehouse charges on property represented by the receipt.
24-12          (b)  Unless a receipt has been lost or canceled, a public
24-13    warehouse operator [warehouseman] may not deliver property
24-14    represented by a receipt until the receipt is surrendered and
24-15    canceled.
24-16          (c)  On delivery of goods represented by a receipt, the
24-17    public warehouse operator [warehouseman] shall cancel the receipt
24-18    by writing "canceled" in ink on the receipt and placing the
24-19    warehouse operator's [warehouseman's] name on the face of the
24-20    receipt.  A canceled receipt is void and may not be circulated.
24-21          (d)  A public warehouse operator [warehouseman] who fails to
24-22    strictly comply with this section is liable to the legal holder of
24-23    the receipt for the full value of the property represented by the
24-24    receipt, based on the value of the property at the time of the
24-25    default.
24-26          Sec. 14A.012 [14.214].  EXCEPTIONS. (a)  This chapter
24-27    [subchapter] does not apply to private warehouses or the issuance
24-28    of receipts by the owners or managers of private warehouses.
24-29          (b)  This chapter [subchapter] does not prohibit a public
24-30    warehouse operator [warehouseman] from issuing the same types of
24-31    receipts as issued by a private warehouse, provided that the faces
24-32    of the receipts are plainly marked with: "not a public warehouse
24-33    receipt."
24-34          [Sec. 14.215.  STORAGE CHARGES. (a)  The department may set
24-35    minimum storage charges for a warehouse operating under this
24-36    subchapter.]
24-37          [(b)  The department is not required to set equal charges at
24-38    all places or all times and may take into consideration the local
24-39    conditions and volume of business of each warehouse.]
24-40          [(c)  The department shall consider the size of bales in
24-41    setting charges for gin compressed cotton.]
24-42          Sec. 14A.013 [14.216].  REVOCATION OF A CERTIFICATE. (a)  A
24-43    person may sue in the district court of the county in which a
24-44    warehouse is situated to revoke the certificate of the warehouse.
24-45          (b)  The person seeking revocation of the certificate shall
24-46    provide the court with a written petition setting forth particular
24-47    violations of the law, and the court shall conduct the trial with
24-48    the same rules of process, procedure, and evidence used in civil
24-49    cases.
24-50          SECTION 2. Section 12.020(c), Agriculture Code, is amended to
24-51    read as follows:
24-52          (c)  The provisions of this code subject to this section and
24-53    the applicable penalty amounts are as follows:
24-54          Provision                                     Maximum Penalty
24-55    Chapters 13, 14A, [14,] 18, 46, 61, 94,
24-56    95, 101, 102, 103, 121, 125,
24-57    132, and 134                                                   $500
24-58    Subchapter B, Chapter 71
24-59    Chapter 19
24-60    Chapter [Chapters 75 and] 76                                 $2,000
24-61    Subchapters A and C, Chapter 71
24-62    Chapters 72, 73, and 74                                      $5,000
24-63    Chapter 14                                                 $10,000.
24-64          SECTION 3. Section 59.003(b), Property Code, is amended to
24-65    read as follows:
24-66          (b)  Unless a lessor issues a warehouse receipt, bill of
24-67    lading, or other document of title relating to property stored at
24-68    the facility, the following statutes do not apply to a self-service
24-69    storage facility:
 25-1                (1)  Chapter 7, Business & Commerce Code, as amended;
 25-2    and
 25-3                (2)  [Subchapter A,] Chapter 14, Agriculture Code[, as
 25-4    amended; and]
 25-5                [(3)  Sections 14.201, 14.204 through 14.214, and
 25-6    14.216, Agriculture Code].
 25-7          SECTION 4. (a)  The changes in law made by this Act apply
 25-8    only to an application for a license or renewal of a license made
 25-9    to the Department of Agriculture on or after the effective date of
25-10    this Act.  An application for a license or renewal of a license
25-11    made to the Department of Agriculture immediately before the
25-12    effective date of this Act is governed by the law as it existed
25-13    before the effective date of this Act, and that law is continued in
25-14    effect for that purpose.
25-15          (b)  The changes in law made by Subchapters H and I, Chapter
25-16    14, Agriculture Code, as added by this Act, apply only to an
25-17    offense committed on or after the effective date of this Act.  An
25-18    offense committed before the effective date of this Act is governed
25-19    by the law as it existed when the offense was committed, and that
25-20    law is continued in effect for that purpose. For purposes of this
25-21    section, an offense was committed before the effective date of this
25-22    Act if any element of the offense was committed before that date.
25-23          SECTION 5. This Act takes effect September 1, 2001.
25-24                                 * * * * *