reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter C. Inspection and Registration of Weighing or Measuring Devices › Section 13.1151. Fees for Registration and Inspection

Sec. 13.1151.  FEES FOR REGISTRATION AND INSPECTION.  (a) The department may charge the owner or operator of a weighing or measuring device a fee, as provided by department rule, to recover the costs of registration and inspection of a weighing or measuring device required to be registered or inspected under this chapter.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10, eff. June 14, 2019.
Added by Acts 1985, 69th Leg., ch. 239, Sec. 57(a), eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.03, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.07, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 43 (H.B. 760), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 43 (H.B. 760), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 43 (H.B. 760), Sec. 4, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 16, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 841 (H.B. 2174), Sec. 7, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10(7), eff. June 14, 2019.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter C. Inspection and Registration of Weighing or Measuring Devices › Section 13.117. Refusing to Allow Test of Weighing or Measuring Device

Sec. 13.117.  REFUSING TO ALLOW TEST OF WEIGHING OR MEASURING DEVICE.  A person commits an offense if the person refuses to allow a weighing or measuring device under the person's control or in the person's possession to be inspected, tested, or examined by the department, and the inspection, test, or examination is required or authorized by this chapter.
Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 16, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.22, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter C. Inspection and Registration of Weighing or Measuring Devices › Section 13.118. Hindering Department Personnel

Sec. 13.118.  HINDERING DEPARTMENT PERSONNEL.  A person commits an offense if the person hinders or obstructs in any way the department, a department inspector or other department personnel in the performance of official duties.
Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 16, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter C. Inspection and Registration of Weighing or Measuring Devices › Section 13.119. Removal of Registration Tag

Sec. 13.119.  REMOVAL OF REGISTRATION TAG.  A person commits an offense if the person removes or obliterates a tag or device placed or required by the department to be placed on a weighing or measuring device under this chapter.
Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 16, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.23, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter C. Inspection and Registration of Weighing or Measuring Devices › Section 13.120. Sale or Use of Incorrect Weighing or Measuring Device

Sec. 13.120.  SALE OR USE OF INCORRECT WEIGHING OR MEASURING DEVICE.  (a)  The department may condemn and prohibit the sale or distribution of any incorrect weighing or measuring device that is sold, offered for sale, or about to be sold in this state.
(b)  A person commits an offense if the person or the person's servant or agent knowingly:
(1)  offers or exposes for sale, hire, or award or sells an incorrect weighing or measuring device;
(2)  possesses an incorrect weighing or measuring device; or
(3)  sells, offers for sale, uses, or possesses for the purpose of sale or use a device or instrument to be used to falsify or intended to falsify a weight or measure.
Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 17, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.24, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter C. Inspection and Registration of Weighing or Measuring Devices › Section 13.121. Disposing of Condemned Weighing or Measuring Device

Sec. 13.121.  DISPOSING OF CONDEMNED WEIGHING OR MEASURING DEVICE.  A person commits an offense if the person or the person's servant or agent disposes of a weighing or measuring device condemned under Section 13.111 or 13.120 in a manner contrary to those sections.
Acts 1981, 67th Leg., p. 1036, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 17, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter C. Inspection and Registration of Weighing or Measuring Devices › Section 13.122. Penalties

Sec. 13.122.  PENALTIES.  An offense under each of Sections 13.117 through 13.121 is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1036, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 26, eff. Sept. 1, 1989;  Acts 2003, 78th Leg., ch. 369, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.25, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter E. Public Weigher › Section 13.251. Definition

Sec. 13.251.  DEFINITION.  In this subchapter, "public weigher" means a business certified under this subchapter to issue an official certificate declaring the accurate weight or measure of a commodity that the business is requested to weigh.
Acts 1981, 67th Leg., p. 1039, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, Sec. 14, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter E. Public Weigher › Section 13.255. Certificate

Sec. 13.255.  CERTIFICATE.  (a)  A public weigher may not officially weigh a commodity unless the weigher has obtained from the department a certificate of authority.
(b)  A public weigher must submit a fee, as provided by department rule, with the application for a certificate of authority.
Acts 1981, 67th Leg., p. 1040, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, Sec. 14, eff. Sept. 1, 1981;  Acts 1985, 69th Leg., ch. 239, Sec. 59, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 230, Sec. 30, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.04, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.08, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.02, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter E. Public Weigher › Section 13.2555. Revocation, Modification, or Suspension of Certificate

Sec. 13.2555.  REVOCATION, MODIFICATION, OR SUSPENSION OF CERTIFICATE.  (a)  The department shall revoke, modify, or suspend the certificate of authority of a public weigher, assess an administrative penalty, place on probation the public weigher whose certificate has been suspended, or reprimand a public weigher for a violation of this subchapter or a rule adopted by the department under this subchapter.
(b)  If a certificate suspension is probated, the department may require the public weigher to:
(1)  report regularly to the department on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the department; or
(3)  continue or renew professional education until the public weigher attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
(c)  If the department proposes to revoke, modify, or suspend a public weigher's certificate, the public weigher is entitled to a hearing conducted under Section 12.032.  The decision of the department is appealable in the same manner as provided for contested cases under Chapter 2001, Government Code.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 31, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 419, Sec. 3.03, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter E. Public Weigher › Section 13.256. Bond

Sec. 13.256.  BOND.  Each public weigher shall execute a bond in accordance with rules adopted by the department.  The bond must be conditioned on the accurate weight or measure of a commodity being reflected on the certificate issued by the public weigher, on the protection of a commodity that the public weigher is requested to weigh or measure, and on compliance with all laws and rules governing public weighers.   The bond is not void on first recovery.  A person injured by the public weigher may sue on the bond.
Acts 1981, 67th Leg., p. 1040, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.04, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter E. Public Weigher › Section 13.257. Recording of Weights and Measures

Sec. 13.257.  RECORDING OF WEIGHTS AND MEASURES.  (a)  On each certificate of weight or measure of a commodity that a public weigher issues, the public weigher shall include the:
(1)  time and date that the weight or measure of the commodity was taken;
(2)  signature and license number of the public weigher; and
(3)  seal of the department.
(b)  A public weigher shall retain in a well-bound book a copy of each certificate. The department and members of the general public may inspect the record on request.
Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14, eff. Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 50, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.05, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 19, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter E. Public Weigher › Section 13.258. Duties of the Department

Sec. 13.258.  DUTIES OF THE DEPARTMENT.  The department shall supervise public weighers and shall adopt rules necessary to enforce this subchapter.  On application by an interested party, the department shall review the weight or measure of a commodity certified by a public weigher and may require the commodity to be reweighed or remeasured.
Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter E. Public Weigher › Section 13.259. Penalty for Issuing a False Certificate

Sec. 13.259.  PENALTY FOR ISSUING A FALSE CERTIFICATE.  (a)  A public weigher who intentionally or knowingly issues a certificate of weight or measure of a commodity giving a false weight or measure for the commodity commits an offense.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.06, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 20, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter E. Public Weigher › Section 13.260. Penalty for Issuing Certificate Without Authority

Sec. 13.260.  PENALTY FOR ISSUING CERTIFICATE WITHOUT AUTHORITY.  (a)  A person who intentionally or knowingly issues an official certificate of weight or measure of a commodity without first obtaining a certificate of authority under Section 13.255, who issues an official certificate of weight or measure of a commodity after revocation of the person's certificate of authority, or who issues an official certificate of weight or measure of a commodity without executing a bond as required under Section 13.256 commits an offense.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 21, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter E. Public Weigher › Section 13.261. Rules

Sec. 13.261.  RULES.  The department shall adopt rules governing the bond requirements and fees imposed under this subchapter.
Added by Acts 1985, 69th Leg., ch. 239, Sec. 60, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.07, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.451. Definitions

Sec. 13.451.  DEFINITIONS.  In this subchapter:
(1)  "License holder" means a person who holds a service company license or a service technician license.
(2)  "Service company" means a person who holds a service company license issued by the department under this subchapter.
(3)  "Service technician" means an individual who holds a service technician license issued by the department under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.452. Device Maintenance Activities

Sec. 13.452.  DEVICE MAINTENANCE ACTIVITIES.  A person performs device maintenance activities if the person or the person's employee:
(1)  places a commercial weighing or measuring device in service;
(2)  installs, calibrates, or repairs a commercial weighing or measuring device; or
(3)  removes an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other form of use prohibition placed on a weighing or measuring device by the department.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.453. Powers and Duties of Department

Sec. 13.453.  POWERS AND DUTIES OF DEPARTMENT.  (a)  To verify compliance with licensing requirements, trade practices, department rules, and this chapter, the department may periodically or in response to a complaint or previous violation inspect an applicant's or license holder's:
(1)  facilities;
(2)  inspecting and testing equipment and procedures;
(3)  repair and calibration equipment, standards, and procedures;
(4)  transportation equipment; and
(5)  invoices, work orders, and other records related to device maintenance activities.
(b)  The department may periodically or in response to a complaint or previous violation monitor and inspect or test weighing or measuring devices that have been inspected and tested by a license holder and any standards used by the license holder during an inspection or test.
(c)  The department by rule may adopt additional requirements for the issuance of a license and for the denial of an application for a license or renewal of a license.  Rules adopted by the department under this subsection must be designed to protect the public health, safety, and welfare and the proper inspection, testing, and operation of commercial weighing or measuring devices.
(d)  The department may adopt other rules necessary for the regulation of device maintenance activities, for the proper operation of commercial weighing or measuring devices, and to protect the health, safety, and welfare of the public and license holders.
(e)  The department may specify the date, time, and place for any inspection authorized by this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.454. Exemptions From License Requirements

Sec. 13.454.  EXEMPTIONS FROM LICENSE REQUIREMENTS.  (a)  A person is not required to hold a license issued under this subchapter if the person:
(1)  is a department employee who is performing device maintenance activities in the scope of the person's duties for the department;
(2)  is the owner or operator of a commercial weighing or measuring device or an employee of the owner or operator of a commercial weighing or measuring device and the person:
(A)  completely removes the commercial weighing or measuring device from the location at which the device was installed, including a device subject to an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other item placed on the device by the department to prohibit use of the device; and
(B)  notifies the department of the device's removal not later than the 10th day after the date the device was removed in the manner provided by department rule; or
(3)  performs device maintenance activities only on a device that is:
(A)  exempt from the registration requirements of Section 13.1011 under department rules;
(B)  exempt from the inspection requirements of Section 13.101 under department rules; and
(C)  not required to be inspected by other department rules.
(b)  The department is not required to hold a license issued under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.455. Service Technician License Required

Sec. 13.455.  SERVICE TECHNICIAN LICENSE REQUIRED.  Unless the individual is exempt from the licensing requirement, an individual may not perform or offer to perform device maintenance activities unless the individual holds a service technician license issued by the department under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.456. Service Company License Required

Sec. 13.456.  SERVICE COMPANY LICENSE REQUIRED.  (a)  Unless the person is exempt from the license requirement, a person may not employ an individual who performs or offers to perform device maintenance activities unless the person holds a service company license issued by the department under this subchapter.
(b)  Unless the individual is exempt from the licensing requirement, an individual may not perform or offer to perform device maintenance activities as a sole proprietor unless the individual holds a service technician license and a service company license issued by the department under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.457. Application for License

Sec. 13.457.  APPLICATION FOR LICENSE.  An applicant for a license under this subchapter must submit to the department:
(1)  an application form prescribed by the department;
(2)  any other documents required by the department; and
(3)  a fee in an amount set by the department.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.458. Service Technician License Requirements

Sec. 13.458.  SERVICE TECHNICIAN LICENSE REQUIREMENTS.  (a)  The department shall issue a license to each qualified applicant who applies for a service technician license.
(b)  The department by rule may require an applicant for the issuance or renewal of a service technician license to meet one or more of the following requirements:
(1)  provide to the department proof that the applicant has completed an academic, trade, or professional course of instruction approved by the department;
(2)  pass a written test; or
(3)  pass a practical skills test.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.459. Service Company License Requirements

Sec. 13.459.  SERVICE COMPANY LICENSE REQUIREMENTS.  (a) The department shall issue a license to each qualified applicant who applies for a service company license.
(b)  An applicant for the issuance or renewal of a license under this section must:
(1)  submit to the department a certificate of insurance evidencing that the applicant has an insurance policy that meets the requirements of Section 13.460 effective for the period for which the license is to be issued or renewed; and
(2)  meet any other requirements provided by department rule.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.460. Insurance Policy Required for Service Company

Sec. 13.460.  INSURANCE POLICY REQUIRED FOR SERVICE COMPANY.  A service company shall maintain at all times while the service company performs device maintenance activities a current effective operations liability insurance policy issued by an insurance company authorized to do business in this state or by a surplus lines insurer that meets the requirements of Chapter 981, Insurance Code, and rules adopted by the commissioner of insurance in an amount set by the department and based on the type of licensed activities to be performed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.461. Term of License

Sec. 13.461.  TERM OF LICENSE.  A license issued under this subchapter is valid for one year unless a different term is established by department rule.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.462. License Renewal

Sec. 13.462.  LICENSE RENEWAL.  A person licensed under this subchapter must periodically renew the person's license.  The license expires unless the license holder submits an application for renewal accompanied by the renewal fee set by the department or by the late fee set by the department and meets the requirements for renewal.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.463. Practice by License Holder

Sec. 13.463.  PRACTICE BY LICENSE HOLDER.  (a)  A license holder shall perform device maintenance activities in compliance with department rules.
(b)  A license holder may use only equipment approved by the department, as provided by department rules, when performing device maintenance activities.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter I. Licensing of Service Technicians and Service Companies › Section 13.464. Criminal Penalty

Sec. 13.464.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 13.455 or 13.456 or causes another person to violate Section 13.455 or 13.456.
(b)  An offense under Subsection (a) is a Class B misdemeanor, unless the person has been previously convicted of an offense under this section, in which case the offense is a Class A misdemeanor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter A. Definitions › Section 14.001. Definitions

Sec. 14.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Depositor" means a person who:
(A)  delivers grain to a public grain warehouse for storing of the grain for hire, handling of the grain for hire, or shipping of the grain for hire;
(B)  is the owner or legal holder of an outstanding receipt for grain stored in the public grain warehouse issuing the receipt;  or
(C)  is lawfully entitled to possession of grain stored in a public grain warehouse.
(2)  "Grain" means wheat, grain sorghum, corn, oats, barley, rye, soybeans, or any other grain, peas, or beans for which federal grain standards are established.
(3)  "Open storage grain" means grain that:
(A)  is received for storage by a public grain warehouse located in this state;
(B)  is not covered by a negotiable warehouse receipt;  and
(C)  is not owned by the lessee, owner, or operator of the warehouse in which it is stored.
(4)  "Public grain warehouse" means a building, bin, or similar structure located in this state and used for:
(A)  the storing of grain for hire, shipping of grain for hire, or handling of grain for hire;  or
(B)  the purchasing and selling of grain, including grain on which payment is deferred.
(5)  "Receipt" means a negotiable Texas grain warehouse receipt issued by a warehouse operator licensed under this chapter.
(6)  "License" includes a renewal of or an amendment to a license.
(7)  "Scale weight ticket" means a load slip other than a receipt given to a depositor or other person by a warehouse operator licensed under this chapter on:
(A)  initial delivery of the grain to the warehouse;  or
(B)  weighing of the grain on the grain warehouse operator's scale, regardless of the destination of the grain.
(8)  "Receipted grain" means grain that is stored in a public grain warehouse and for which a Texas grain warehouse receipt has been issued and has not been canceled.
(9)  "Warehouse operator" means a person engaged in the business of operating a public grain warehouse.
(b)  For purposes of this chapter, the term "public grain warehouse" as defined by Subsection (a)(4) does not include railcars, trucks, boats, or other vehicles when used to transport grain.
(c)  For purposes of this chapter, in those sections that require the warehouse operator to cooperate with or provide information to the department or issue documents or deliver grain to customers of the warehouse operator and in those sections that require notice to be provided to the warehouse operator by the department, the term "warehouse operator" includes all employees, agents, or other persons authorized by the warehouse operator to issue receipts or scale weight tickets or sign contracts or other agreements.
Acts 1981, 67th Leg., p. 1046, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter B. General Provisions › Section 14.011. Limitation of Chapter

Sec. 14.011.  LIMITATION OF CHAPTER.  This chapter does not apply to:
(1)  a public grain warehouse covered by a license for the operation of a public grain warehouse issued by the United States Department of Agriculture or other federal agency;
(2)  an individual producer-owner who does not receive from others grain for storage or handling for hire;
(3)  a person whose business is manufacturing grain or selling manufactured grain and who receives all grain with the intent to manufacture the grain or sell manufactured grain;  or
(4)  a person who receives grain with the intent of using the grain for planting seed or for feeding livestock on the premises where the grain is received.
Acts 1981, 67th Leg., p. 1046, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 14.002 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter B. General Provisions › Section 14.012. Business Information

Sec. 14.012.  BUSINESS INFORMATION.  (a)  Except as provided by Subsection (b), financial information of a warehouse operator provided to the department is confidential and not subject to public disclosure.
(b)  Notwithstanding Subsection (a), financial information of a warehouse operator provided to the department may be disclosed:
(1)  without sealing in an administrative proceeding commenced by the department against the warehouse operator;
(2)  to a local or state law enforcement officer, a county attorney, a district attorney, or the attorney general, acting either independently or on behalf of the department, investigating the warehouse operator;
(3)  in a civil proceeding commenced by the warehouse operator against the department;
(4)  in response to a subpoena from a party in a civil proceeding commenced against the warehouse operator;
(5)  to the issuer of the warehouse operator's bond or letter of credit;
(6)  to the public after:
(A)  revocation of the warehouse operator's license;
(B)  a voluntary closeout of all of the license holder's facilities in this state;
(C)  a petition for bankruptcy has been filed; or
(D)  a receiver for the warehouse operator's assets has been appointed; or
(7)  to any federal agency or any agency of another state conducting a compliance inspection or criminal or civil investigation involving the handling, storing, shipping, selling, purchasing, or receipt of grain.
(c)  In this section, "financial information" means:
(1)  a financial statement or other document provided by the warehouse operator to the department to evaluate net worth requirements under Section 14.031(e);
(2)  a financial audit provided by the warehouse operator to the department; and
(3)  if the warehouse operator is subject to an ongoing investigation by the department:
(A)  the price of grain paid by the warehouse operator to a depositor or other seller of grain delivered to or stored or handled by the warehouse operator;
(B)  the price of grain paid by or to the warehouse operator by a depositor or other purchaser of grain delivered to or stored or handled by the warehouse operator; and
(C)  the terms of payment for a price described by Paragraph (A) or (B).
(d)  Notwithstanding any other provisions of this section:
(1)  a party to a contract or other agreement with a warehouse operator may obtain a nonredacted copy of the contract or agreement; and
(2)  a person who authored or contributed to the creation of financial information may be provided access to the financial information for the purpose of confirming the authenticity, truthfulness, or accuracy of the information.
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. 1, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter B. General Provisions › Section 14.013. Right to Intervene and Notification of Department

Sec. 14.013.  RIGHT TO INTERVENE AND NOTIFICATION OF DEPARTMENT.  (a)  The department may intervene in a suit for receivership, garnishment, bankruptcy, or any other legal action affecting the assets of a warehouse operator licensed under this chapter or the grain assets of a depositor in a warehouse operated under a license issued by the department, including, to assert the rights of depositors not joined in the suit, a suit brought against a bond or surety under Section 14.065.
(b)  Any person who files a suit for receivership, garnishment, or bankruptcy or who commences any other legal action affecting the assets of a warehouse operator licensed under this chapter or the grain assets of a depositor in a warehouse operated under a license issued by the department, including a suit against a bond or surety under Section 14.065, must give notice to the department of the suit or legal action.
(c)  Notice under this section must be in writing and delivered to the department by certified mail, registered mail, or commercial delivery service not later than the 20th day after the date on which the suit or legal action is commenced.
(d)  The judgment in an action described by Subsection (a) is voidable if the notice required by this section is not provided.
(e)  The court in which a suit or other legal action described by Subsection (a) is commenced may impose appropriate sanctions against a party who fails to provide the notice required by this section.
Amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter B. General Provisions › Section 14.014. Receivership Affecting Warehouse Assets

Sec. 14.014.  RECEIVERSHIP AFFECTING WAREHOUSE ASSETS.  (a)  A person appointed receiver for the assets of a warehouse operator licensed under this chapter is not required to obtain a license from the department if the person:
(1)  is bonded and insured as described by Subsection (b);  and
(2)  after being appointed, does not:
(A)  receive additional grain for storing for hire, handling for hire, or shipping for hire;  or
(B)  purchase grain for resale.
(b)  A person appointed receiver shall maintain:
(1)  a bond in the same amount required for a licensed warehouse operator;  and
(2)  casualty insurance in the same amount and type as required for a licensed warehouse operator.
(c)  A person appointed receiver shall file proof of proper bonding and verification of insurance with the department on or before the date the person is appointed to act as receiver.
Amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter C. Licensing › Section 14.021. License Required

Sec. 14.021.  LICENSE REQUIRED.  A person may not operate a public grain warehouse without first obtaining from the department a license in the person's name covering the warehouse.
Acts 1981, 67th Leg., p. 1047, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 14.004 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter C. Licensing › Section 14.022. Licensing of Multiple Warehouses

Sec. 14.022.  LICENSING OF MULTIPLE WAREHOUSES.  (a)  In this section:
(1)  "Combination" means a group of two or more public grain warehouses or facilities operated under a single set of complete records.  For purposes of this chapter, a combination is treated as if it were a single public grain warehouse.
(2)  "Facility" means two or more public grain warehouses located in close proximity on the same general location.  For purposes of this chapter, and except when part of a combination, a facility is treated as if it were a single public grain warehouse.
(b)  A warehouse operator may operate all public grain warehouses or facilities within an area no larger than 60 miles in diameter as a combination if a single license covering the combination is obtained from the department and:
(1)  a single recordkeeping system covering only warehouses within the combination is maintained by the warehouse operator;
(2)  a single, unique set of sequentially numbered receipts containing all information required by department rule and bearing the name of the license holder and a unique combination name, but not bearing individual warehouse or facility names, is used for the combination;
(3)  for each scale operated by the warehouse operator, the warehouse operator issues and maintains a single, unique set of sequentially numbered scale weight tickets containing all information required by department rule and bearing the name of the license holder and a unique name identifying the facility where the scale is located;
(4)  a single daily position report covering all storage obligations of the combination and only the combination, including company-owned grain, and containing all information required by department rule is maintained;
(5)  all original warehouse operator records, except for scale weight tickets, relating to transactions or storage obligations involving the combination are maintained at a single location and separate from all other businesses and separately licensed warehouse operations of the warehouse operator;  and
(6)  except as provided by department rule, a single unique bond or bond substitute is used to cover the combination.
(c)  Except as permitted while operating a combination, a warehouse operator may not combine or intermingle assets, storage obligations, liabilities of any kind, records or record entries, contractual obligations, other transactions of any kind, or any other business or operating information from different warehouses or businesses owned, managed, or operated by the warehouse operator.  Each licensed combination or individually licensed facility shall be operated as a separate entity under a single, unique name and, except as provided by department rule, shall be covered by a single, separate bond or bond substitute.
Amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter C. Licensing › Section 14.023. Licensing Procedure

Sec. 14.023.  LICENSING PROCEDURE.  (a)  The department may issue, renew, or amend a license following a determination that:
(1)  the applicant has filed an acceptable bond, a financial statement in a form prescribed by the department, and proof of casualty insurance required by this chapter;
(2)  the warehouse is suitable for storage of grain and inspection by department personnel;
(3)  the applicant has complied with this chapter and rules adopted under this chapter;  and
(4)  the applicant has met the net worth or deficiency bond requirements of Section 14.031(e).
(b)  An applicant must file a separate application for each license, renewal, or amendment and shall accompany each application for a license or renewal with an annual license fee, as provided by department rule.  The department shall prescribe the information to be contained in the application.  A person who fails to submit a renewal fee on or before the expiration date of the license must pay, in addition to the renewal fee, the late fee provided by Section 12.024.
(c)  If an applicant for a license previously operated a grain warehouse in this state or another state and that warehouse ceased to operate while the applicant was the operator, the applicant must submit with the application evidence acceptable to the department that all debts from the previous operation evidenced by receipts have been satisfied.  The department may not issue a license to an applicant who the department determines has not satisfied all such debts from a previous operation.
Acts 1981, 67th Leg., p. 1047, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 4283, ch. 682, Sec. 2, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 50, Sec. 3, eff. April 30, 1987;  Acts 1989, 71st Leg., ch. 230, Sec. 32, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.05, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.11, eff. Sept. 1, 1995.  Renumbered from Sec. 14.005 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter C. Licensing › Section 14.024. Requirement for Increasing Capacity

Sec. 14.024.  REQUIREMENT FOR INCREASING CAPACITY.  A warehouse operator may not use any increased warehouse capacity without first obtaining written approval from the department.
Acts 1981, 67th Leg., p. 1048, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 14.007 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter D. Bonding › Section 14.032. Additional Bond

Sec. 14.032.  ADDITIONAL BOND.  (a)  If the department determines that an approved bond is insufficient, the department shall require the warehouse operator to give additional bond.
(b)  If a license has been suspended or revoked or has expired, the department may require a bond from the warehouse operator to protect depositors of grain for as long as any receipts or open storage accounts remain outstanding.
Acts 1981, 67th Leg., p. 1049, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 14.012 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter D. Bonding › Section 14.033. Bond Cancellation

Sec. 14.033.  BOND CANCELLATION.  (a)  A warehouse operator may not cancel a bond approved by the department unless the department first gives written approval of a substitute bond.
(b)  The surety may cancel a bond by sending notice of intent to cancel by registered or certified mail to the department.  Cancellation of a bond may not be effective before the 91st day following the day on which the surety mails notice of intent to cancel. On receipt of notice of cancellation of a bond, the department shall promptly notify the warehouse operator involved.  Liability under the bond ceases to accrue on the effective date of cancellation.  Notwithstanding cancellation under this section, the department or a depositor may collect under the bond for any claim that arose during the period during which the bond was in effect, provided that the claim is filed within the applicable limitations period established under Section 14.065.
(c)  The surety shall send a copy of the notice required by this section to any government agency requesting it.
(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 bond before the cancellation of a bond is effective.
(e)  The suspension of a license under this section continues as long as the warehouse operator fails to maintain the bond required by this chapter.
Acts 1981, 67th Leg., p. 1050, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 14.013 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14 - Regulation of Public Grain Warehouse Operators › Subchapter D. Bonding › Section 14.034. Cancellation of Letter of Credit

Sec. 14.034.  CANCELLATION OF LETTER OF CREDIT.  (a)  A warehouse operator may not cancel a letter of credit approved by the department in lieu of a bond unless the department gives written approval of a substitute bond or letter of credit.
(b)  The issuer of the letter of credit may cancel a letter of credit by sending notice of intent to cancel by registered or certified mail to the department.  Cancellation of a letter of credit may not take effect before the 91st day after the date the issuer mails notice of intent to cancel.  On receipt of notice of cancellation of a letter of credit, the department shall promptly notify the warehouse operator involved.  Liability under the letter of credit ceases to accrue on the effective date of cancellation.  Notwithstanding cancellation under this subsection or other law to the contrary, the department or a depositor may collect under the letter of credit for any claim that arose during the period during which the letter of credit was in effect, provided that the claim is filed within the applicable limitations period established under Section 14.065.
(c)  The issuer of a letter of credit shall send a copy of the notice required by this section to any government agency requesting the copy.  Notwithstanding any other provision of this chapter, a public grain warehouse license is automatically suspended if the warehouse operator fails to file a new bond or letter of credit before the cancellation of a letter of credit is effective.
(d)  The suspension of a license under this section continues as long as the warehouse operator fails to maintain the bond or letter of credit required by this chapter.
Amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.