reglab/housing_qa huggingface dataset:
TX Agric Code § 14.041 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter E. Insurance|Section 14.041. Casualty Insurance

Sec. 14.041.  CASUALTY INSURANCE.  (a)  Except as provided by Subsections (c) and (d), an applicant for a license must file or have on file with the department a certificate of insurance evidencing that:(1)  the applicant has an effective policy of insurance issued by an insurance company authorized to do business in this state or, with the approval of the department, by an eligible surplus lines insurer that meets the requirements of Chapter 981, Insurance Code, and rules adopted by the commissioner of insurance under that chapter;  and(2)  the policy insures, in the name of the applicant, all depositor grain that is or may be in the public grain warehouse for its full market value against loss by or due to water or other fluid resulting from an insured peril, excluding flood and other rising waters resulting from natural causes, malicious mischief, vandalism, smoke, fire, internal explosion, lightning, hail, windstorm, hurricane, or tornado.(b)  If water or other fluid resulting from an insured peril, excluding flood and other rising waters resulting from natural causes, malicious mischief, vandalism, smoke, fire, internal explosion, lightning, hail, windstorm, hurricane, or tornado destroys or damages grain in a public grain warehouse, the warehouse operator shall, on demand by the depositor and presentation of a receipt or other evidence of ownership, make settlement with the depositor of the grain.  The amount of the settlement shall be the average price paid for grain of the same grade and quality on the date of the loss at the location of the warehouse, minus the warehouse operator's charges and advances.  If a settlement is not made before the 31st day following the date of demand, the depositor is entitled to seek recovery from the insurance company.(c)  An applicant is not required to file a certificate of insurance if the applicant certifies in writing, at or before the time the certificate of insurance is due, that all grain within the warehouse at the time the license is to be effective is or will be owned by the applicant free of any lien.  The applicant shall file the required certificate of insurance on or before the first day any grain not owned by the applicant free of any lien is stored for hire, handled for hire, or shipped for hire.(d)  An applicant for a license shall insure depositor grain for its full market value against loss by or due to fire or windstorm if the grain is in temporary or emergency storage.  The certificate required under Subsection (a) must evidence that the applicant has an effective policy of insurance under this subsection before the applicant may store depositor grain in temporary or emergency storage.|Renumbered from Sec. 14.011 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 196, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.505, eff. Sept. 1, 2003.|
TX Agric Code § 14.042 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter E. Insurance|Section 14.042. Insurance Cancellation

Sec. 14.042.  INSURANCE CANCELLATION.  (a)  A warehouse operator may not cancel an insurance policy approved by the department unless the department gives written approval of a substitute policy.(b)  The insurer may cancel an insurance policy by sending notice of intent to cancel by registered or certified mail to the department.  Cancellation of an insurance policy is not effective before the 31st day following the date the insurer mails notice of intent to cancel.  On receipt of notice of cancellation of an insurance policy, the department shall promptly notify the warehouse operator involved.(c)  The insurer shall send a copy of the notice required by this section to any government agency requesting the copy.(d)  Notwithstanding any other provision of this chapter, a public grain warehouse license is automatically suspended if the warehouse operator fails to file a new certificate of insurance before the cancellation of an insurance policy is effective or fails to provide a certification of ownership under Section 14.041(c).(e)  The suspension of a license under this section continues as long as the warehouse operator fails to maintain the insurance required by this chapter.|Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.043 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter E. Insurance|Section 14.043. Additional Insurance

Sec. 14.043.  ADDITIONAL INSURANCE.  (a)  If the department determines that an approved insurance policy is insufficient, the department shall require the warehouse operator to obtain additional insurance.(b)  If a license has been suspended or revoked or has expired, the department may require continued insurance coverage by the warehouse operator to protect depositors of grain for as long as any receipts or open storage accounts remain outstanding.(c)  The warehouse operator shall obtain the additional insurance required by this section and provide verification of the additional insurance within a time specified by the department, and the additional insurance shall be maintained or continued as necessary to meet the requirements of this chapter.|Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.051 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter F. Warehouse Operator Obligations|Section 14.051. Posting of License

Sec. 14.051.  POSTING OF LICENSE.  Each warehouse operator shall immediately on receipt of a license post the original in a conspicuous place at the primary recordkeeping location for the individually licensed facility or combination.  A copy of the license must be conspicuously posted at each facility where grain is stored for hire, handled for hire, or shipped for hire.|Renumbered from Sec. 14.008 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.052 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter F. Warehouse Operator Obligations|Section 14.052. Warehouse Operator Obligations

Sec. 14.052.  WAREHOUSE OPERATOR OBLIGATIONS.  (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 Section 7.403, Business & Commerce Code.(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.|Acts 1981, 67th Leg., p. 1052, ch. 388, Sec. 1, eff. Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 553, Sec. 2, eff. Sept. 1, 1993.  Renumbered from Sec. 14.0091, 14.021 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.053 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter F. Warehouse Operator Obligations|Section 14.053. Receipt Forms

Sec. 14.053.  RECEIPT FORMS.  (a)  A warehouse operator shall use one set of serially numbered and sequentially issued receipts for all warehouses operated under a single license.  In addition to a unique serial number, each receipt form must contain all of the information prescribed by department rule.  If further provided by department rule, the warehouse operator shall request the receipt forms from the printer on a form approved, prescribed, or furnished by the department.(b)  The warehouse operator shall provide the department with an exemplar of the receipt forms and an affidavit from the printer showing the number of receipts printed and their serial numbers before issuing any receipt from the printed set.  The exemplar and affidavit required by this subsection shall be provided each time a new set of receipts is printed.(c)  The warehouse operator may use an electronic receipt system if the provider of the electronic receipt system has been approved by the department or by the United States Department of Agriculture or any other federal agency that issues a license for the operation of a public grain warehouse.(d)  The department may require a warehouse operator to provide a bond to cover any loss resulting from unlawful use of a receipt. The department shall determine the form and the amount of the bond, but the amount may not exceed $5,000.|Renumbered from Sec. 14.020 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.054 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter F. Warehouse Operator Obligations|Section 14.054. Issuance of Scale Weight Ticket or Receipt

Sec. 14.054.  ISSUANCE OF SCALE WEIGHT TICKET OR RECEIPT.  (a)  On receiving grain, a warehouse operator shall issue to the person delivering the grain a serially numbered scale weight ticket in a form approved by the department.(b)  On application of a depositor, the warehouse operator shall issue to the depositor a Texas grain warehouse receipt, which must be:(1)  in a form prescribed by the department;  and(2)  in conformity with Chapter 7, Business & Commerce Code.(c)  A Texas grain warehouse receipt issued under this subchapter is subject to the provisions of Chapter 7, Business & Commerce Code.(d)  A Texas grain warehouse receipt is a negotiable document of title.  A scale weight ticket is not a negotiable document of title.(e)  Except as provided by Section 14.055 for duplicate receipts, a warehouse operator may not issue two scale weight tickets or two receipts bearing the same number during any calendar year.(f)  Unless previously canceled in accordance with the provisions of Chapter 7, Business & Commerce Code, a Texas grain warehouse receipt issued under this chapter expires 10 years after the date of issuance.|Renumbered from Sec. 14.017 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.055 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter F. Warehouse Operator Obligations|Section 14.055. Duplicate Receipts

Sec. 14.055.  DUPLICATE RECEIPTS.  (a)  Except as otherwise provided by this section, if a receipt issued under this chapter is outstanding, another receipt covering all or part of the grain covered by the initial receipt may not be issued by the warehouse operator or any other person.  If a receipt is lost, stolen, or destroyed, the owner is entitled to a new receipt as a duplicate or substitute for the missing receipt.  The duplicate or substitute receipt has the same legal effect as the original receipt and must:(1)  state that it is in lieu of the original receipt;  and(2)  bear the number and date of the original receipt.(b)  Before issuing a duplicate receipt, the warehouse operator shall require from the owner an indemnity bond of double the market value of the grain covered by the missing receipt.  The bond must be in a form and with a surety prescribed by the department to fully protect all rights under the missing receipt.(c)  A warehouse operator may not obtain, purchase, or become a surety on a bond for a lost, stolen, or destroyed receipt.(d)  A court may not order delivery of grain covered by a lost, stolen, or destroyed receipt without requiring the bond provided by this section.|Renumbered from Sec. 14.019 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.056 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter F. Warehouse Operator Obligations|Section 14.056. Receipt for Grain Owned by Warehouse Operator

Sec. 14.056.  RECEIPT FOR GRAIN OWNED BY WAREHOUSE OPERATOR.  A warehouse operator may issue a receipt for grain that is owned by the warehouse operator, in whole or part, and located in the warehouse operator's warehouse.  The negotiation, transfer, sale, or pledge of that receipt may not be defeated because of its ownership.|Renumbered from Sec. 14.018 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.057 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter F. Warehouse Operator Obligations|Section 14.057. Records

Sec. 14.057.  RECORDS.  (a)  Every warehouse operator shall keep in a safe place complete and correct records and accounts pertaining to the public grain warehouse, including records and accounts of:(1)  grain received and withdrawn from the warehouse;(2)  unissued receipts in the warehouse operator's possession;(3)  receipts and scale weight tickets issued by the warehouse operator;  and(4)  receipts returned to and canceled by the warehouse operator.(b)  The warehouse operator shall retain the records required by this section for the period of time prescribed by the department.  The warehouse operator shall retain copies of receipts or other documents evidencing ownership of grain or liability of a warehouse operator as long as the documents are outstanding.  If the documents are canceled, the warehouse operator shall retain the documents or receipts for a period of not less than two years from the date of cancellation.(c)  The warehouse operator shall:(1)  clearly mark all canceled receipts "canceled" and mark on the face of each receipt the date of the cancellation;(2)  keep records and accounts required by this section separate from the records and accounts of other businesses;(3)  issue in numerical order all scale weight tickets and receipts;  and(4)  keep in numerical order copies of the scale weight tickets and receipts issued by the warehouse operator.(d)  In records kept under this section, grain may be designated as company-owned grain only if:(1)  the grain has been paid for and is wholly owned by the warehouse operator;  or(2)  the ownership of the grain has been transferred to the warehouse operator under a written contract of purchase.(e)  The warehouse operator shall report to the department on forms furnished by the department the following information on scale weight tickets used in the warehouse operator's business:(1)  the number of scale weight tickets printed;(2)  the serial numbers of the scale weight tickets printed;  and(3)  the printer of the scale weight tickets.(f)  The warehouse operator shall make any records required by this section or department rule accessible and available for inspection by the department at any reasonable time.|Renumbered from Sec. 14.022 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.058 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter F. Warehouse Operator Obligations|Section 14.058. Posting of Storage Rates or Tariffs

Sec. 14.058.  POSTING OF STORAGE RATES OR TARIFFS.  (a)  A public grain warehouse licensed under this chapter shall post a copy of all storage rates and tariffs charged by the warehouse operator at the main warehouse office and at each warehouse facility operating under the license.(b)  The warehouse operator shall post any change to the posted storage rates or tariffs not later than the third day before the day on which the change is to take effect.(c)  Department inspectors shall check compliance with this section during inspections of a public grain warehouse under this chapter.|Renumbered from Sec. 14.036 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.059 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter F. Warehouse Operator Obligations|Section 14.059. Inspections; Fee

Sec. 14.059.  INSPECTIONS;  FEE.  (a)  On request by the department, a warehouse operator shall report to the department on the condition, operation, and business of each public grain warehouse that the warehouse operator operates and all grain stored in those warehouses.(b)   The department shall inspect each public grain warehouse at least once annually and may make additional inspections as the department considers necessary.  A warehouse operator may request that the department make additional inspections.(c)  The department shall collect from the warehouse operator whose public grain warehouse is inspected an inspection fee for an annual inspection or an inspection requested by the warehouse operator, but may not collect an inspection fee for other inspections unless the inspection is conducted:(1)  under the terms of an agreed or ordered suspension or probation;(2)  in response to a complaint that the warehouse operator has not complied with the duties and obligations provided for by this chapter and the complaint is determined by the department to be valid;(3)  as a follow-up inspection to:(A)  determine whether a shortage of grain discovered by the department has been corrected;(B)  obtain records not immediately available at the location designated as the recordkeeping location in department records or to which access was refused during a previous inspection;(C)  ensure that recordkeeping discrepancies discovered during a previous inspection have been corrected;  or(D)  monitor a suspension or probation under this chapter;  or(4)  to monitor termination of arrangements for storing, shipping, or handling of grain under this chapter.(d)  The department by rule shall set the inspection fee.|Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.12, eff. Sept. 1, 1995.  Renumbered from Sec. 14.014 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.061 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter G. Remedies and Claims|Section 14.061. Warehouse Receipt as Prima Facie Evidence

Sec. 14.061.  WAREHOUSE RECEIPT AS PRIMA FACIE EVIDENCE.  In an action involving a warehouse operator that is brought under this chapter, a warehouse receipt constitutes prima facie evidence of the truth of the facts stated in the receipt.|Renumbered from Sec. 14.0261 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.062 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter G. Remedies and Claims|Section 14.062. Invalid Receipts

Sec. 14.062.  INVALID RECEIPTS.  Notwithstanding any other provision of this code or the Business & Commerce Code, a receipt for grain is void as to any person who receives the receipt with knowledge that the grain purported to be covered by the receipt was not, at the time the receipt was issued, actually stored in the warehouse of the warehouse operator issuing the receipt.|Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.063 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter G. Remedies and Claims|Section 14.063. Termination of Storage

Sec. 14.063.  TERMINATION OF STORAGE.  (a)  A warehouse operator desiring to terminate the storage of grain in the warehouse operator's warehouse, including grain that is abandoned or is unclaimed prior to the sale of a warehouse, shall do so in accordance with Sections 7.206 and 7.210, Business & Commerce Code, except that the warehouse operator is not required to hold the balance of the proceeds of a sale, but may transfer the balance to the comptroller, who shall treat the money in the same manner as an escheated bank account.(b)  A purchaser in good faith of grain sold under Section 7.210, Business & Commerce Code, takes the grain free of any rights of the holder of the receipt, but the receipt is evidence of entitlement to the escheated funds deposited with the comptroller under Subsection (a).|Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 2.01, eff. Sept. 1, 1997.  Renumbered from Sec. 14.023 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|