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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of public grain warehouse operators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14.066(a), Agriculture Code, is amended |
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to read as follows: |
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(a) A department action or order affecting a warehouse |
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operator under this chapter[, other than by rulemaking, assessment
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of an administrative penalty, or imposition of a license sanction,
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including a suspension under Section 14.083(c),] is appealable in |
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accordance with this section unless the action involves: |
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(1) rulemaking; |
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(2) the assessment of an administrative penalty; |
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(3) the imposition of a license sanction; or |
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(4) any other action for which a specific |
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administrative or judicial remedy is available under: |
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(A) this chapter; |
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(B) Chapter 12; or |
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(C) Chapter 2001, Government Code. |
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SECTION 2. Section 14.082, Agriculture Code, is amended by |
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amending Subsection (a) and adding Subsection (g) to read as |
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follows: |
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(a) If the department determines that a warehouse operator |
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does not possess sufficient grain to cover outstanding receipts and |
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outstanding scale weight tickets issued or assumed by the warehouse |
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operator, or if a warehouse operator refuses or is unable to submit |
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records or property for lawful inspection or the department is |
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unable to conduct an inspection of the warehouse due to the |
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condition of the warehouse or grain stored in the warehouse, the |
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department may seal the warehouse to prevent delivery or receipt of |
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grain except as authorized by the department, suspend the warehouse |
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operator's license, and give notice to the warehouse operator |
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requiring the warehouse operator to: |
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(1) submit records or property for inspection; |
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(2) correct any condition interfering with the |
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department's inspection of a warehouse or grain; or |
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(3) cover a shortage of a particular type of grain by: |
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(A) [(1)] storing to the credit of or delivering |
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to each depositor affected by the shortage grain of the same type |
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and quality that is stored at any of the warehouse operator's |
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licensed warehouses in this state and that has been designated as |
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company-owned grain by the warehouse operator; |
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(B) [(2)] purchasing and storing to the credit of |
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or delivering to each depositor affected by the shortage grain of |
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the same type and quality; |
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(C) [(3)] selling company-owned grain of a |
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different type and paying to each depositor affected by the |
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shortage, on a pro rata basis, the market value of the depositor's |
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grain as determined on the day the shortage was discovered by the |
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department; or |
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(D) [(4)] using any combination of the remedies |
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described by Paragraphs (A)-(C) [Subdivisions (1)-(3)] or another |
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fair and reasonable method for meeting the shortage approved by the |
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department. |
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(g) A suspension issued under this section remains in effect |
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until lifted by the department through written notice to the |
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warehouse operator or following an appeal under Section 14.066. |
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SECTION 3. Section 14.083, Agriculture Code, is amended by |
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amending Subsection (c) and adding Subsection (f) to read as |
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follows: |
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(c) In addition to or in lieu of a suspension authorized by |
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this chapter, if [If] the department considers it necessary, the |
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department may without a hearing suspend a license and prohibit the |
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movement of grain into or out of a warehouse [without a hearing] for |
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not more than 30 days. For good cause shown, the department may |
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extend a suspension issued under this subsection for one or more |
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additional periods of up to 30 days each but not to cumulatively |
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exceed 90 [30] days in one licensing period. |
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(f) A suspension issued under Subsection (c) remains in |
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effect until the suspension: |
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(1) is lifted by the department through written notice |
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to the warehouse operator; |
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(2) is lifted by the department following an appeal |
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under Section 14.066; or |
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(3) expires by operation of law in accordance with: |
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(A) the department's notice of suspension; or |
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(B) the ending of the period specified by |
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Subsection (c). |
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SECTION 4. Section 14.082(f), Agriculture Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2011. |