reglab/housing_qa huggingface dataset:
TX Agric Code § 14.064 (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 14.064. Certain Loadout Fees Prohibited

Sec. 14.064.  CERTAIN LOADOUT FEES PROHIBITED.  (a)  A warehouse operator may not charge a fee for loading out grain if the loadout was the result of the misconduct of the warehouse operator.(b)  Misconduct under this section includes:(1)  violation of this chapter as established by final, unappealable order of the commissioner;(2)  conviction of a crime, including a plea of nolo contendere, described as an offense under this chapter;  and(3)  conviction of a crime, including a plea of nolo contendere, described as an offense under the Penal Code and involving any type of fraud or theft related to the storing, shipping, handling, sale, or purchase of grain or the sale or purchase of grain handling, shipping, or storage equipment or warehouse structures or other assets.(c)  A loadout fee collected during a period of suspension of a warehouse operator's license by the department, after revocation of a warehouse operator's license, or during a period in which criminal charges are pending against a warehouse operator, shall be placed in an escrow account by the warehouse operator until:(1)  the department's suspension is lifted;(2)  the prosecutor ceases to pursue criminal charges;(3)  the indictment or information is dismissed by a court;  or(4)  the warehouse operator is acquitted.(d)  If misconduct is finally determined to have occurred as provided by Subsection (b), the loadout fees placed in escrow shall be returned to the person originally paying those fees.  The loadout fees placed in escrow shall be returned to the warehouse operator if the warehouse operator is found not to have committed misconduct by acquittal, by the dismissal of the criminal charges, or by final order of the commissioner.|Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.065 (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 14.065. Recovery on Bond; Liability of Warehouse Operator

Sec. 14.065.  RECOVERY ON BOND;  LIABILITY OF WAREHOUSE OPERATOR.  (a)  If no action on the bond or cash, certificate of deposit, or letter of credit deposited in lieu of a bond of a warehouse operator is begun before the 31st day after the date of a written demand to the department, a depositor has a right of action on the bond or cash, certificate of deposit, or letter of credit deposited in lieu of a bond for recovery of damages suffered by the depositor as a result of the failure of the warehouse operator to comply with any condition of the bond, or if cash, a certificate of deposit, or a letter of credit is deposited in lieu of a bond, failure to comply with any obligation of the warehouse operator under this chapter that would have been covered by a bond.(b)  Recovery on a bond shall be prorated if claims exceed liability on a bond, but a depositor suing on a bond is not required to join other depositors in a suit.  The burden of establishing proration is on the surety as a matter of defense or is on the department as intervenor on behalf of other depositors.(c)  A warehouse operator is liable for damages for loss of or injury to grain caused by the warehouse operator's failure to exercise the care that a reasonably prudent person would exercise in regard to the grain under similar circumstances, but, unless otherwise agreed, a warehouse operator is not liable for damages to grain that could not have been avoided through the exercise of that care.(d)  A person who files an action on a bond under this section must serve notice of the suit on the department in the same manner and within the same period as for the defendant or surety who issued the bond.(e)  On authentication by the department, the court shall accept into evidence as a public record any report prepared by the department under this chapter that describes potential bond claims by other depositors, regardless of whether any of those depositors are joined in the suit.(f)  A person is prohibited from filing a claim on an invalid receipt.(g)  An action under this section must be brought not later than the second anniversary of the date of expiration of the public grain warehouse license in effect at the time the claim arose.(h)  The department by rule may set a limitations period for filing claims with the department on a bond filed with the department or cash, a certificate of deposit, or a letter of credit deposited with the department in lieu of a bond.|Renumbered from Sec. 14.010 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.066 (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 14.066. Appeal of Department Action by Warehouse Operator

Sec. 14.066.  APPEAL OF DEPARTMENT ACTION BY WAREHOUSE OPERATOR.  (a)  A department action or order affecting a warehouse operator under this chapter is appealable in accordance with this section unless the action involves agency rulemaking, the assessment of an administrative penalty, imposition of a license sanction, or any other action for which a specific administrative or judicial remedy is available under this chapter, Chapter 12 of this code, or Chapter 2001, Government Code.(b)  Not later than the 10th day after the date the department takes an action or issues an order described by Subsection (a), the warehouse operator may serve notice on the department to appear in a district court of Travis County or the district court of the county in which the public grain warehouse is located.  The court shall fix the time of the hearing not less than 3 days or more than 20 days after the date of service of the notice.(c)  The burden is on the warehouse operator to show by a preponderance of the evidence that the action taken or order issued by the department was not authorized under this chapter or, if authorized, was an abuse of the department's discretion.|Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 168 (S.B. 248), Sec. 3, eff. September 1, 2011.|
TX Agric Code § 14.071 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter H. Offenses|Section 14.071. General Penalty

Sec. 14.071.  GENERAL PENALTY.  (a)  A person commits an offense if the person violates a provision of this chapter for which an offense is not expressly provided.(b)  An offense under this section is a Class B misdemeanor.|Renumbered from Sec. 14.027 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.072 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter H. Offenses|Section 14.072. Penalty for Operating Without a License

Sec. 14.072.  PENALTY FOR OPERATING WITHOUT A LICENSE.  (a)  A person commits an offense if the person:(1)  transacts any public grain warehouse business without first obtaining a license required by this chapter;  or(2)  continues to transact public grain warehouse business after a license has been revoked or suspended, or the license holder has been placed on probation, except as permitted under Section 14.084.(b)  An offense under this section is a felony of the third degree.(c)  A person commits a separate offense for each day business prohibited by this section is carried on.|Renumbered from Sec. 14.028 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.073 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter H. Offenses|Section 14.073. Penalty for Fraud

Sec. 14.073.  PENALTY FOR FRAUD.  (a)  A person commits an offense if the person:(1)  issues or aids in issuing a receipt or scale weight ticket knowing that the grain covered by the receipt or scale weight ticket has not been actually received at the grain warehouse;(2)  issues or aids in issuing a duplicate or additional negotiable receipt for grain knowing that a former negotiable receipt for the same grain or any part of the grain is outstanding except as permitted by Section 14.055;  or(3)  fraudulently and without proper authority represents, forges, alters, counterfeits, or simulates any license, scale weight ticket, or receipt provided for by this chapter.(b)  An offense under this section is a felony of the second degree.|Renumbered from Sec. 14.029 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.074 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter H. Offenses|Section 14.074. Penalty for Unlawful Delivery

Sec. 14.074.  PENALTY FOR UNLAWFUL DELIVERY.  (a)  A person commits an offense if the person:(1)  delivers grain out of a public grain warehouse knowing that a negotiable receipt for the grain is outstanding and without possessing that receipt;  or(2)  delivers grain out of a public grain warehouse:(A)  knowing that a nonnegotiable receipt or scale weight ticket is outstanding;(B)  without the prior approval of the person lawfully entitled to delivery;  and(C)  without the delivery being shown on the appropriate records of the warehouse operator.(b)  It is an affirmative defense to prosecution under this section that the person's action is:(1)  a sale or other disposition of grain in lawful enforcement of a warehouse operator's lien;(2)  a warehouse operator's lawful termination of a storing, shipping, or handling agreement;(3)  a delivery to the person lawfully entitled to delivery;(4)  a delivery authorized by prior approval of the person lawfully entitled to delivery and the delivery is shown on the appropriate records of the warehouse operator;(5)  necessary to prevent destruction of the grain;(6)  taken under the order of a state or federal court;  or(7)  permitted by a rule of the department necessary to carry out this chapter.(c)  An offense under this section is a felony of the second degree.|Renumbered from Sec. 14.030 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.075 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter H. Offenses|Section 14.075. Penalty for Fraudulently Issuing a Scale Weight Ticket or Receipt

Sec. 14.075.  PENALTY FOR FRAUDULENTLY ISSUING A SCALE WEIGHT TICKET OR RECEIPT.  (a)  A person commits an offense if the person fraudulently issues or aids in fraudulently issuing a receipt or scale weight ticket knowing that it contains a false statement.(b)  An offense under this section is a felony of the second degree.|Renumbered from Sec. 14.031 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.076 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter H. Offenses|Section 14.076. Penalty for Changing a Receipt or Scale Weight Ticket After Issuance

Sec. 14.076.  PENALTY FOR CHANGING A RECEIPT OR SCALE WEIGHT TICKET AFTER ISSUANCE.  (a)  A person commits an offense if the person changes a receipt or scale weight ticket after its issuance.(b)  It is a defense to prosecution under this section that the change on the receipt or scale weight ticket is a notation by the warehouse operator for partial delivery or corrections made by the warehouse operator to reflect accuracy of accounts.(c)  An offense under this section is a felony of the second degree.|Renumbered from Sec. 14.032 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.077 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter H. Offenses|Section 14.077. Penalty for Depositing Grain Without Title

Sec. 14.077.  PENALTY FOR DEPOSITING GRAIN WITHOUT TITLE.  (a)  A person commits an offense if the person:(1)  deposits grain without having title to the grain or deposits grain on which there is a lien or mortgage;(2)  receives for the grain a negotiable receipt;  and(3)  negotiates the receipt for value with intent to deceive and without disclosing the person's lack of title or the existence of a lien or mortgage on the grain.(b)  An offense under this section is a felony of the second degree.|Renumbered from Sec. 14.033 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.078 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter H. Offenses|Section 14.078. Penalty for Stealing Grain or Receiving Stolen Grain

Sec. 14.078.  PENALTY FOR STEALING GRAIN OR RECEIVING STOLEN GRAIN.  (a)  A person commits an offense if the person:(1)  obtains or exercises control over grain stored in a public grain warehouse without the owner's effective consent and with the intent to deprive the owner of the grain;(2)  obtains from another person grain stolen from a public grain warehouse knowing that the grain is stolen;  or(3)  exercises control over grain stolen from a public grain warehouse knowing that the grain is stolen.(b)  An offense under this section is a felony of the second degree.|Renumbered from Sec. 14.034 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.079 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter H. Offenses|Section 14.079. Penalty for Interfering With Sealed Warehouse or Department Inspection or Investigation

Sec. 14.079.  PENALTY FOR INTERFERING WITH SEALED WAREHOUSE OR DEPARTMENT INSPECTION OR INVESTIGATION.  (a)  A person commits an offense if the person:(1)  without the department's consent and with the intent to obstruct the department's regulation, management, or control of sealed grain, obtains or exercises control over grain stored in a building, bin, or other similar structure sealed by the department;(2)  breaks, removes, vandalizes, or otherwise interferes with a department seal placed on a building, bin, or other similar structure used for the receiving of grain for hire, shipping of grain for hire, storing of grain for hire, or handling of grain for hire;(3)  without the department's consent and with the intent to obstruct the department's regulation, management, or control of sealed grain, interferes with the department's access to or control of grain stored in a building, bin, or other similar structure sealed by the department;  or(4)  interferes with the lawful investigation or inspection of the facilities, records, or grain deposits of a public grain warehouse by a department inspector or other department official.(b)  It is an affirmative defense to prosecution under this section that the person's action is:(1)  necessary to prevent destruction of stored grain or the sealed structure;  or(2)  taken under the order of a state or federal court.(c)  An offense under this section is a felony of the third degree.|Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.081 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter I. Enforcement|Section 14.081. Offense Is Violation; Standard of Proof

Sec. 14.081.  OFFENSE IS VIOLATION;  STANDARD OF PROOF.  (a)  Commission of an offense under this chapter is also a violation for purposes of administrative enforcement by the department.(b)  Proof of a violation under this chapter for purposes of administrative enforcement, by assessment of an administrative penalty or license sanction, is by a preponderance of the evidence.(c)  In an administrative enforcement action against a person for the commission of an offense under this chapter, the department is required to prove any intent element provided by the description of the offense.(d)  Both an administrative enforcement action and a criminal prosecution may be maintained against a person who violates this chapter.|Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.084 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter I. Enforcement|Section 14.084. Operation After Revocation or Suspension of a License or Probation

Sec. 14.084.  OPERATION AFTER REVOCATION OR SUSPENSION OF A LICENSE OR PROBATION.  (a)  If a license is revoked, the warehouse operator shall terminate, in a manner prescribed by the department, all arrangements concerning storing, shipping, handling, and purchasing or selling of grain.(b)  During a period of suspension of a license or probation, the warehouse operator:(1)  shall operate the warehouse in a manner prescribed by the department;(2)  may deliver grain previously received, subject to the department's written conditions of suspension, if any;  and(3)  may not receive grain for storing, shipping, or handling without the department's written authorization.|Renumbered from Sec. 14.016 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.085 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter I. Enforcement|Section 14.085. Injunction

Sec. 14.085.  INJUNCTION.  (a)  If, after notice, a warehouse operator refuses to comply with this chapter, the department may apply for an injunction in a district court in Travis County or in a district or county court in the county where the warehouse is located.(b)  The courts of this state are vested with jurisdiction to issue a temporary or permanent injunction against:(1)  operation of a public grain warehouse or issuance of receipts or scale weight tickets either without a license or during a period of suspension of a warehouse operator's license or during a period when the warehouse operator is under probation;(2)  interference by any person with the carrying out by the department, or by a receiver appointed under this chapter, of duties and powers granted by this chapter;  or(3)  any other violation of this chapter for which injunctive relief is an appropriate remedy.(c)  The notice provided for in Subsection (a) shall be delivered to the warehouse operator not less than 10 business days before the date the department applies for an injunction under Subsection (b)(1).(d)  The notice provided for in Subsection (a) shall be delivered to the warehouse operator not less than two business days before the date the department applies for an injunction under Subsection (b)(2) or (3).|Renumbered from Sec. 14.025 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.086 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter I. Enforcement|Section 14.086. Civil Penalty

Sec. 14.086.  CIVIL PENALTY.  (a)  A person who violates this chapter is liable for a civil penalty of not less than $500 or more than $10,000 for each violation.  Each day a violation occurs or continues may be considered a separate violation for purposes of a civil penalty assessment.(b)  On request of the department, the attorney general or the county attorney or the district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.  The attorney general, a county attorney, or a district attorney may file suit under this section without a request from the department.(c)  A county attorney, a district attorney, or the attorney general shall sue in the name of the state for the collection of a penalty provided by this section.(d)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.  All civil penalties recovered in suits initially instituted by a local government or governments under this section shall be divided equally between the state and the local government or governments, with 50 percent of the recovery to be paid to the general revenue fund and the other 50 percent to be paid equally to the local government or governments initially instituting the suit.(e)  A civil penalty may not be collected for any violation that constituted the basis for a department proceeding to assess an administrative penalty, regardless of whether the department was successful in obtaining a judgment for the administrative penalty.|Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|
TX Agric Code § 14.087 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter I. Enforcement|Section 14.087. Recovery of Court Costs

Sec. 14.087.  RECOVERY OF COURT COSTS.  (a)  On prevailing in an action commenced by the department through the attorney general under this chapter, the department and the attorney general are each entitled to recover:(1)  investigation costs and fees;(2)  reasonable attorney's fees;(3)  court costs; and(4)  other costs relating to the action, including the cost of depositions and other forms of discovery and copying charges.(b)  The costs recoverable under this section are in addition to other relief available to the department or attorney general.|Renumbered from Sec. 14.0262 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 168 (S.B. 248), Sec. 6, eff. September 1, 2011.|
TX Agric Code § 14.088 (2021)
2021 Texas Statutes|Agriculture Code|Title 2 - Department of Agriculture|Chapter 14 - Regulation of Public Grain Warehouse Operators|Subchapter I. Enforcement|Section 14.088. Venue

Sec. 14.088.  VENUE.  (a)  Venue for a criminal prosecution under this chapter is in the county in which the alleged offense occurred.(b)  Except for an action for injunctive relief, venue for a civil action under this chapter commenced by the attorney general or a county or district attorney, either independently or on behalf of the department, is in any county in which all or part of the cause of the action accrued.(c)  Venue for an action for injunctive relief under this chapter is in a district court in Travis County or in a district or county court in the county where the warehouse is located.(d)  Venue for an administrative action commenced under this chapter is governed by Chapter 2001, Government Code, or, to the extent not inconsistent with Chapter 2001, the rules of the State Office of Administrative Hearings or the department.|Renumbered from Sec. 14.035 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.|