Texas Agriculture Code 14.052 – Warehouse Operator Obligations
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(a) The obligations of a warehouse operator include the obligation to:
(1) deliver grain to a person holding a receipt for grain stored in the warehouse; and
(2) maintain the quantity and quality of all grain not owned by the warehouse operator, including open storage grain.
(b) Except as otherwise provided by this chapter or by department rule, the obligation of a warehouse operator to deliver grain to a person holding a receipt for grain stored in the public grain warehouse is controlled by § 7.403, Business & Commerce Code.
Terms Used In Texas Agriculture Code 14.052
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If a warehouse operator accepts for storage, shipping, handling, purchase, or sale any grain that is nonfungible or for which identity must be preserved, the warehouse operator shall safeguard the grain from intermingling with grain that would impair or destroy the identity-preserved or nonfungible nature of the grain. Nothing in this section requires the warehouse operator to accept grain that is nonfungible or that requires identity preservation.
(d) The warehouse operator remains liable for the quality and quantity of grain deposited at the warehouse and for any other obligations established under this chapter for any period during which the warehouse has been sealed or during any period of probation, suspension, or revocation imposed under this chapter or for grain abandoned by the warehouse operator unless:
(1) the warehouse operator makes a written request to the department for access to the warehouse;
(2) the request adequately describes why access is necessary to meet the warehouse operator’s obligations under this chapter;
(3) the request adequately describes what type of access is necessary to meet the warehouse operator’s obligations under this chapter;
(4) the request for access is reasonable;
(5) allowing access would not impair the department’s ability to preserve evidence, warehouse operator records, or depositor grain assets; and
(6) the request is denied by the department or the department imposes unreasonable restrictions that prevent the operator from meeting the obligations described in the request.
(e) The department is entitled, on behalf of depositors, to recover from the warehouse operator’s bond the cost of damages suffered by depositors as a result of sealing the warehouse or as a result of the warehouse operator abandoning the warehouse and the grain contained in the warehouse.