reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter B - DEVICES › Section 12.12 - Fee Schedule for Commercial Weighing and Measuring Devices and Consumer Information Stickers

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Devices. For
				  the following device types, the registration or registration renewal fee for
				  each such device is:
(1) LPG meter:
				  $65.
(2) Scale with a capacity up
				  to and including 2,000 pounds: $35.
(3) Ranch Scales: $32.
(4) Non-Ranch, Non-Truck, and Non-Livestock
				  Scales with a capacity greater than 2,000 pounds: $250.
(5) Truck Scales with a capacity of 5,000
				  pounds or greater: $400.
(6)
				  Livestock Scales with a capacity of 5,000 pounds or greater:
				  $350.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter B - DEVICES › Section 12.13 - Devices Subject to Registration and Inspection; Exemptions

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The following
				  devices are subject to the registration requirements of the Code,
				  §13.1011:
(1) LPG meters; and
(2) scales.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter B - DEVICES › Section 12.14 - Inspection and Testing Requirements for LPG Meters and Hopper Scales

Current through Reg. 49, No. 28; July 12,
				  2024
(a) "Accurate" in
				  any grammatical or modified form as used in this section means "found or left
				  to be as close to zero error as practical."
(b) Each LPG meter or hopper scale operated
				  in this state for commercial transactions shall be inspected and tested for
				  accuracy by a service company at least once every four years. Each LPG meter or
				  scale found to be inaccurate during inspection and testing or otherwise found
				  to be in disrepair shall be placed out-of-order by the service company,
				  repaired, and calibrated to be accurate prior to further operation. Upon
				  completion of the inspection, testing, and, if necessary, repair of the LPG
				  meter or scale, the service company shall within 10 calendar days after placing
				  the device back into service file with the department a form prescribed by the
				  department, using the most recent version of the form.
(c) A person operating an LPG meter or hopper
				  scale shall notify the department in writing at least 14 calendar days prior to
				  the scheduled inspection required by subsection (b) of this section. If
				  inspection and testing is delayed, the person operating the LPG meter or hopper
				  scale shall notify the department of the delay and the anticipated new
				  inspection and testing date if known and shall additionally submit a written
				  notice of the new inspection and testing date. A department inspector may
				  observe the inspection and testing of the LPG meter or hopper scale at the
				  department's discretion.
(d) Any
				  notice or report to be provided under this section shall be made to: Texas
				  Department of Agriculture, Weights and Measures Program, P.O. Box 12847,
				  Austin, Texas 78711 or: WeightsMeasures@TexasAgriculture.gov.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter B - DEVICES › Section 12.15 - Records

Current through Reg. 49, No. 28; July 12,
				  2024
Records or other documents related to the inspection,
					 testing, and calibration of metering devices must be maintained in accordance
					 with Chapter 13 of the Code, and shall be submitted to the department in the
					 manner and time period as specified in a notice provided by a Representative of
					 the Commissioner.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter C - PACKAGES AND PRICE VERIFICATION › Section 12.20 - General Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Commodities
				  packaged in advance of wholesale or retail sale shall be in compliance with
				  this subchapter and are subject to inspection by the department.
(b) Items, whether or not in package form,
				  advertised by a price sign, card, tag, poster, or other advertisement shall be
				  in compliance with this subchapter and are subject to inspection by the
				  department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter C - PACKAGES AND PRICE VERIFICATION › Section 12.21 - Standards

Current through Reg. 49, No. 28; July 12,
				  2024
The department adopts by reference NIST Handbook 133 and
					 NIST Handbook 130, as it pertains to "Uniform Packaging and Labeling
					 Regulation" and "Uniform Regulation for the Method of Sale of
					 Commodities."
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter D - METROLOGY › Section 12.30 - Metrology Services

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Metrology
				  Services and Laboratory Traceability. The department's metrology laboratory
				  shall maintain NIST recognition and certification of international metrological
				  traceability to the International System of Units (SI), as necessary to provide
				  a service to calibrate standards needing the same international metrological
				  traceability.
(b) The department
				  adopts by reference NIST Handbook 143-State Weights and Measures Laboratories
				  Program Handbook.
(c) Calibration
				  Service Parameters and Fees. Metrology calibration services are available
				  according to the following nominal value ranges and fee schedule.
(1) Mass Calibrations and Adjustments.
(A) Precision Calibrations (Echelon II, Fine
				  Accuracy). Includes weight classes of ASTM Class "2,3" and OIML Class "F1,F2":
(i) Up to and including 3 kilograms:
				  $70;
(ii) More than 3 kilograms, up
				  to and including 30 kilograms: $110; or
(iii) More than 30 kilograms: $140.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter E - SERVICE COMPANIES › Section 12.40 - License Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(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.
(b) The department may
				  issue a license to a person who:
(1) has
				  available annually certified test standards meeting the specifications in NIST
				  Handbook 105 series, for each class of license as follows:
(A) Class 1. Scales, capacity 300 pounds or
				  less: One 30-pound test kit, and additional test weights capable of testing a
				  scale to 100% of its capacity.
(B)
				  Class 2. Scales, capacity more than 300 pounds but not more than 3,000 pounds:
				  One 30-pound test kit, and additional test weights equal to 300 pounds or 25%
				  of the capacity of the scale being tested, whichever is more.
(C) Class 3. Scales, capacity more than 3,000
				  pounds but not more than 40,000 pounds: Test weights equal to 1,000 pounds or
				  12.5% of the capacity of the scale being tested, whichever is more, and
				  correction weights in sizes no larger than one-half the minimum graduation of
				  any scale to be tested.
(D) Class
				  4. Scales, capacity more than 40,000 pounds: Test weights equal to 10,000
				  pounds or 12.5% of the capacity of the scale being tested, whichever is more,
				  and correction weights in sizes no larger than one-half the minimum graduation
				  of any scale to be tested.
(E)
				  Class 7. Liquified petroleum gas (LPG) measuring devices: LPG prover.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter E - SERVICE COMPANIES › Section 12.41 - Application and Renewal Procedure

Current through Reg. 49, No. 28; July 12,
				  2024
(a) An applicant
				  must submit an application on a form prescribed by the department. An
				  out-of-state service company shall designate on the application an agent who
				  meets the following requirements:
(1) is a
				  citizen of Texas; and
(2) maintains
				  a permanent address within Texas where documents dealing with the
				  administration and enforcement of the Code, Chapter 13 and this chapter may be
				  served. An out-of-state service company shall notify the department in writing
				  within ten days of any change of its resident agent. Failure to give such
				  notice shall be grounds for suspending the service company's license.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter E - SERVICE COMPANIES › Section 12.42 - Authority and Responsibilities

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Authority. A
				  service company is authorized to perform device maintenance
				  activities.
(b) Responsibilities. A
				  service company shall:
(1) ensure compliance
				  with this chapter and that the device is suitable for its intended
				  use;
(2) submit a service report on
				  a form prescribed by the department to the appropriate department regional
				  office or to the headquarters of the department, within ten days of:
(A) placing a commercial weighing or
				  measuring device into service;
(B)
				  installing, calibrating, or repairing a commercial weighing or measuring
				  device; or
(C) removing 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;
(3) notify
				  the department in writing within ten days of a change of name, address, or
				  business location;
(4) provide
				  security seals approved by the department to an individual employed as a
				  service technician; and
(5)
				  maintain at all times while the service company performs device maintenance
				  activities an insurance policy as required by the Code, §13.460, in an
				  amount not less than $25,000 per occurrence or $50,000 aggregate.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter G - SERVICE TECHNICIANS › Section 12.60 - Registration Requirement and Procedure

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The department
				  may issue a registration to each individual who:
(1) submits to the department an application
				  prescribed by the department; and
(2) passes a written examination for each
				  class of license which tests the applicant's knowledge of the Code, Chapter 13;
				  this chapter; and NIST Handbook 44.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter G - SERVICE TECHNICIANS › Section 12.61 - Authority and Responsibilities

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Employment. A
				  service technician shall be employed by a service company before that
				  individual can perform device maintenance activities.
(b) Responsibilities. In addition to the
				  responsibilities and authority provided in the Code, Chapter 13, a service
				  technician shall:
(1) test devices to ensure
				  compliance with this chapter;
(2)
				  use test standards that have been certified on an annual basis by the
				  department or laboratory approved by the department; and
(3) place a department-approved security seal
				  on devices to prevent any unauthorized access to the adjusting mechanism unless
				  otherwise authorized by the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter H - PUBLIC WEIGHERS › Section 12.71 - Application Procedure

Current through Reg. 49, No. 28; July 12,
				  2024
To obtain a certificate of authority, the applicant shall
					 submit to the department:
(1) an
				  application on a form prescribed by the department;
(2) a bond as required by this subchapter;
				  and
(3) a fee as required by this
				  subchapter with the application.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter H - PUBLIC WEIGHERS › Section 12.72 - Bond

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Any bond
				  executed as a condition for holding office as a public weigher shall be:
(1) signed by a bonding agent licensed by the
				  Texas Department of Insurance;
(2)
				  completed on a form prescribed by the department; and
(3) in the amount of $10,000 payable to the
				  State of Texas and filed with the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 12 - WEIGHTS AND MEASURES › Subchapter H - PUBLIC WEIGHERS › Section 12.74 - Records

Current through Reg. 49, No. 28; July 12,
				  2024
A public weigher shall retain a copy of each official
					 certificate issued for a period of two years. Such copies shall be maintained
					 together in either physical or electronic form.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions set out in the Texas
				  Agriculture Code, Chapter 14, Subchapter A, the following words and terms, when
				  used in this chapter, shall have the following meanings, unless the context
				  clearly indicates otherwise.
(1)
				Code--Texas Agriculture Code.
(2)
				Daily position report --A daily continuous inventory that gives the amount of
				grain received for each kind and class of grain and type of storage obligation,
				the amount of grain received, shipped out, or transferred (from one type of
				storage obligation to another) for each transaction or load, and the total
				storage obligation of the warehouse at the close of each day.
(3) License--A public grain warehouse
				license.
(4) Manager--A person
				responsible for the operation of the warehouse.
(5) Open storage grain --Grain that:
(A) is received for storage by a public grain
				warehouse;
(B) is not covered by a
				receipt; and
(C) is not owned by
				the warehouse in which it is stored.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.2 - General Requirements

Current through Reg. 49, No. 28; July 12,
				2024
In addition to any other obligations set out in the Code ,
				  Chapter 14, or this chapter, the warehouse operator shall be responsible for
				  the general obligations of this section. In the event of a conflict between
				  these general obligations and the obligations established elsewhere, the Code
				  shall control first and then the most specific provision which provides the
				  greatest protection to the depositor or other customer of the warehouse.
(1) Warehouse operators shall comply
				with all orders, notices, or requests for reports or other information from the
				department.
(2) The following
				people shall be considered to have authority to act on behalf of the warehouse
				operator: sole proprietor, general or managing partner, chief financial
				officer, chief operating officer, president, vice president, treasurer, chief
				executive officer, manager, any person authorized to sign receipts, or any
				person authorized to negotiate or sign contracts with producers of commodities
				regulated by the Code.
(3) In
				addition, the licensee shall also notify the department in writing within 10
				days of any change in:
(A) billing
				address;
(B) agent
				address;
(C) managers;
(D) personnel authorized to sign receipts; or
(E) ownership.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.3 - License and Permits

Current through Reg. 49, No. 28; July 12,
				2024
(a) A person
				required to be licensed shall apply on a form prescribed by the department and
				in addition shall submit a continuous bond, financial statement, verification
				of insurance, a successor's agreement if necessary, and the fee(s) as required
				by §
									13.7 of this chapter (relating to
				Fees). All forms may be obtained from the department.
(b) Unless otherwise approved as a
				combination license required by the Code , §14.022, a person shall obtain
				a separate license for each location.
(c) The purchaser of a licensed public grain
				warehouse facility shall assume all outstanding warehouse obligations,
				including, but not limited to, receipts or open storage accounts up to the
				amount of grain in storage at the time of purchase.
(d) If a license has expired, the warehouse
				operator, upon request, shall surrender all unused receipts to the
				department.
(e) (No
				change.)
(f) An application may be
				denied if the applicant has committed a violation of the Code, Chapter 14, or
				had a public grain warehouse license revoked within two years prior to applying
				for a license. For business applicants, this not only includes the business
				entity itself but also all corporate or company officers, all partners, and all
				stockholders or shareholders who own, hold, or otherwise control 25% or more of
				the corporation's or company's stock or shares.
(g) A license is not transferable.
(h) A separate insurance policy is required
				for each individual facility unless it is part of a combination.
(i) All facilities shall have a unique
				name.
(j) A warehouse operator who
				is operating a public grain warehouse under a license issued by the federal
				government will not be allowed to obtain a State of Texas warehouse operator
				license covering the same warehouse.
(k) A warehouse operator who is operating a
				public grain warehouse under a license issued by the department must surrender
				that license upon being issued a federal license covering the same
				warehouse.
(l) A license that has
				not yet expired may be renewed when accompanied by the required renewal form or
				application, continuous bond, financial statement, verification of insurance,
				and the fee(s) required by §
									13.7 of this chapter (relating to
				Fees). If a license has been expired for one year or longer, the licensee may
				not renew the license but must comply with the requirements and procedures for
				obtaining an original license.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.4 - Bonding Requirements

Current through Reg. 49, No. 28; July 12,
				2024
(a) The bond,
				required by the Code, §14.022, shall be a single continuous bond issued by
				a single corporate surety licensed to do business in the State of Texas except
				for:
(1) mid-year capacity changes, provided
				that the separate bond or bonds obtained for such capacity changes are combined
				into a single bond prior to or upon renewal of the license; and
(2) temporary storage that requires an
				additional bond will be handled the same way as a mid-year capacity
				change.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.6 - Financial Statements

Current through Reg. 49, No. 28; July 12,
				2024
(a) A warehouse
				operator shall file with the department a financial statement showing the net
				worth of the operator's grain warehouse business as part of an application for
				a new license and thereafter shall file with the department a new financial
				statement, reflecting the net worth of the operator's grain warehouse business
				at the end of the operator's most recent fiscal year, no later than the 90th
				day following the end of the operator's most recent fiscal year.
(b) The financial statement required by
				subsection (a) of this section must be a reviewed or audited financial
				statement prepared and signed by an independent public accountant.
(c) The required reviewed or audited
				financial statement shall be prepared in accordance with the generally accepted
				accounting principles for financial statements and related information
				established by the American Institute of Certified Public Accountants and shall
				include, but not be limited to, each of the following:
(1) a balance sheet;
(2) a statement of income (profit and
				loss);
(3) a statement of retained
				earnings;
(4) a statement of cash
				flows; and
(5) all accountant
				certifications, assurances, opinions, comments, and notes to the financial
				statement.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.7 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Single public grain warehouse license.
				The annual and renewal fee for a single public grain warehouse license is
				$500.00.
(b) Combination public
				grain warehouse license. The annual and renewal fee for a combination public
				grain warehouse license is $500.00 for the headquarters location and $300.00
				for each additional public grain warehouse or facility location.
(c) Inspection fees. The fee for an annual
				inspection is $38.00 for each 10,000 bushels or a fraction of 10,000 bushels of
				the licensed storage capacity, or $200.00, whichever is greater.
(d) Requested inspections.
(1) The fee for an inspection to increase or
				decrease licensed storage capacity including temporary storage is $38.00 for
				each 10,000 bushels or a fraction of 10,000 bushels of the increase or decrease
				in storage capacity, or $200.00, whichever is greater.
(2) The fee for a partial inspection is
				$38.00 for each 10,000 bushels or a fraction of 10,000 bushels of the partial
				facility that is being inspected, or $200.00, whichever is greater.
(3) A partial inspection that covers issues
				other than capacity will have a fee of $150.00.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.8 - Capacity Changes

Current through Reg. 49, No. 28; July 12,
				2024
(a) A warehouse
				operator may not store grain in excess of the licensed storage
				capacity.
(b) An increase of total
				storage will be complete after the following requirements are met.
(1) Notification that an increase of capacity
				must be submitted to the department on a form prescribed by the
				department.
(2) The department's
				designation of storage units (numbering or lettering) will be used for formal
				notices.
(3) An additional bond may
				be required if the original bond does not cover the increased amount. Combining
				of the bonds will be required at time of license renewal.
(4) Additional insurance may be required if
				the existing insurance is not sufficient to cover the increased
				amount.
(5) A new financial
				statement may be needed if the location is separate or not part of the original
				facility. If the facility does not meet the net worth requirements, then a
				deficiency bond is required.
(6)
				Capacity changes are subject to inspection fees provided in §
										13.7 of this chapter (relating to
				Fees).
(7) An inspection by an
				authorized department employee must be completed.
(8) Requirements related to temporary storage
				are provided in §
										13.14 of this chapter (relating to
				Temporary Storage).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.9 - Voluntary Surrender of License (Voluntary Closeout); Going out of Business

Current through Reg. 49, No. 28; July 12, 2024
In order to close out a public grain warehouse license, the
				  following requirements must be met.
(1) All outstanding receipts must be canceled
				by the warehouse operator.
(2) An
				inspection by an authorized department employee must be completed.
(3) Bonding requirements of the Texas
				Agriculture Code, §
									RSA
				14.031, must be met.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.10 - Full Transfer or Sale of Warehouse Assets (New Owner)

Current through
				Reg. 49, No. 28; July 12, 2024
(a) All outstanding receipts must be canceled
				by the warehouse operator and reissued by the new owner.
(b) An inspection by an authorized department
				employee must be completed.
(c) All
				licensing requirements for the new owner must be met before the new license can
				be issued.
(d) Shortage of grain at
				the time of sale must be adjusted on the seller's daily position report before
				the sale of the facility can be completed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.11 - Record Retention

Current through Reg. 49, No. 28; July 12,
				2024
(a) Receipts must
				be kept three years after cancellation or expiration, whichever occurs
				first.
(b) Daily position reports
				must be kept three years after the close out inspection is complete.
(c) Scale weight tickets must be kept three
				years after the date they are issued.
(d) Contracts must be kept three years after
				the date of the contract was fulfilled.
(e) Customer Settlement Sheets must be kept
				three years after the date of the last entry.
(f) Fumigation records must be kept for two
				years from the date of fumigation.
(g) Other records required by the department
				to be kept must have a record retention of three years.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.12 - Receipts

Current through Reg. 49, No. 28; July 12, 2024
(a) A warehouse operator shall not issue a
				receipt to anyone other than a depositor.
(b) A warehouse operator shall not issue a
				receipt to a bank or financial institution unless the bank or institution
				fulfills the requirements of a depositor.
(c) If a receipt is lost or destroyed and is
				already canceled, the warehouse operator must provide to the department a
				notarized statement that the receipt was properly canceled.
(d) The warehouse operator shall not store,
				maintain, keep, or otherwise be in possession of a receipt that has not been
				canceled except receipts made out in the name of the warehouse
				operator.
(e) Any receipt returned
				to the warehouse operator must be canceled at the time it is received. The
				warehouse operator shall write the word "Canceled" across the front of the
				receipt.
(f) A warehouse operator
				shall not issue a receipt for grain that is approved for temporary
				storage.
(g) Receipted grain must
				be kept in storage by the warehouse operator until the warehouse receipt is
				canceled.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.13 - Customer Settlement Sheets

Current through Reg. 49, No. 28;
				July 12, 2024
(a)
				Multiple customer settlement sheets must be serially numbered and sequentially
				used.
(b) Tariffs shall be posted
				in a location accessible to the public in all facilities.
(c) Discounts or adjustments of any kind
				shall be posted along with the tariffs.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.14 - Temporary Storage

Current through Reg. 49, No. 28; July 12,
				2024
(a) A request to
				approve temporary storage is a requested inspection and is subject to an
				inspection fee found in §
									13.7 of this chapter (relating to
				Fees).
(b) A warehouse operator
				must give written notice to the department that temporary storage will be
				needed prior to use of the temporary storage. The notice shall contain the
				following information:
(1) name and license
				number of the facility;
(2) the
				type and amount of grain that will be in temporary storage;
(3) the exact location and description of the
				temporary storage; and
(4) the
				delivery date the grain is expected.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.15 - Shortage of Grain

Current through Reg. 49, No. 28; July 12,
				2024
(a) A warehouse
				operator shall correct all shortages that are greater than 3% within a 24-hour
				period or other specified time period assigned by the department.
(b) A warehouse operator shall notify the
				department when a shortage has been corrected.
(c) A warehouse operator may correct
				shortages by spot purchasing and delivery or transferring from company-owned
				grain of the same type with equal or higher value (i.e., class and grade,
				including subclass for wheat).
(d)
				A warehouse operator may correct shortages by purchasing the shortage amount
				from depositors.
(e) A warehouse
				operator may correct shortages by purchasing the difference between class and
				grade stored and class and grade of the replacement grain, but only with
				written agreement from the depositor and documentation of payment.
(f) A shortage is considered corrected when
				replacement grain is actually in storage at the same facility or actually in
				storage at a terminal facility with proper documentation in the warehouse (with
				shortage) records or when payment has been made to the depositor.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.16 - Customer Protection

Current through Reg. 49, No. 28; July 12,
				2024
(a) Receiving,
				shipping, handling, discounts, shrinkage, cleaning, storage and any other
				charges must be conspicuously posted at a facility where a scale is
				located.
(b) Documentation of
				charges at time of payment or invoicing shall be individually indicated for
				each individual charge.
(c)
				Business hours must be conspicuously posted at a facility where a scale is
				located.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.17 - Delivery of Stored Grain (Satisfaction of Storage Obligations)

Current
				through Reg. 49, No. 28; July 12, 2024
A warehouse operator must ship grain, at the request of the
				  receipt holder who returns a receipt with orders to ship, within the time
				  period specified by the shipping order, or within the time period specified by
				  written agreement that clearly supersedes the shipping order. A written
				  agreement does not supersede a shipping order if it was signed prior to receipt
				  of the shipping order and clearly states that the written agreement shall
				  control time of shipment while the agreement is in effect to the exclusion of
				  any shipping orders. In the absence of a time period for shipment in the
				  shipping order or the absence of a written agreement, grain must be shipped
				  within a reasonable time, not to exceed 48 hours unless approved by the
				  department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.18 - Depositor Claims on Warehouse Operator's Bond

Current through Reg. 49,
				No. 28; July 12, 2024
(a) Price of the commodities for the purpose
				of calculating a claim on a bond becomes fixed the date the department becomes
				aware or is notified of the public grain warehouse failure.
(b) A depositor may make a claim 2 years from
				the expiration date of the warehouse-licensing year for the grain that was
				entered in storage.
(c)
				Requirements to submit claims are as follows.
(1) All claims for each type of grain must be
				made separately on a form prescribed by the department.
(2) A depositor may not claim on behalf of
				another depositor unless the depositor has attached a signed, written
				authorization by such person authorizing the depositor to act on their behalf
				and must be attached to the form prescribed by the department.
(3) Claims must be supported by receipts,
				scale weight tickets, or any other information pertinent to the claim and must
				accompany the form prescribed by the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.19 - Inspection and Enforcement

Current through Reg. 49, No. 28; July 12,
				2024
(a) Inaccessible or
				unsafe structures. If a storage structure is inaccessible or unsafe, it will
				not be measured during an inspection and will count as if there is no grain in
				the specific facility for that inspection.
(b) Sealing of Warehouses.
(1) When a warehouse is sealed, the warehouse
				operator is prohibited from shipping stored grain unless authorized by the
				department.
(2) Quality and
				quantity of stored grain is the warehouse operator's responsibility when a
				warehouse is sealed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 13 - PUBLIC GRAIN WAREHOUSES › Section 13.20 - Suspension of a License

Current through Reg. 49, No. 28; July 12,
				2024
The license of a warehouse operator that does not submit the
				  required fees, application, bonding instrument, or certificate of insurance
				  will be suspended automatically and remain suspended until such requirements
				  are received by the department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 14.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions set out in Texas Agriculture
					 Code, Chapters 101, and 103 and Chapter 1, Subchapter A of this title (relating
					 to the General Rules of Practice), the following words and terms, when used in
					 this chapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Agent--An
				  employee authorized to act for and on behalf of a licensee as a buying agent
				  and/or a transporting agent.
(2)
				  Chairman--The chairman of the Produce Recovery Fund Board.
(3) Citrus Fruit--Any fruit belonging to the
				  genus Citrus, Poncitrus, Microcitrus, Eremocitrus or Fortunella, including,
				  grapefruit, oranges, lemons, limes, and tangerines.
(4) Claim--A sworn complaint accompanied by
				  the prescribed fee alleging a loss or damages occurred as a result of a
				  violation of the terms or conditions of a contract involving the sale of
				  perishable commodities grown in Texas.
(5) Licensee--A person who holds a license
				  issued under the Texas Agriculture Code, Chapter 101.
(6) Open Meetings Act--Texas Open Meetings
				  Act, Texas Government Code, Chapter 551.
(7) Perishable Commodity--Fresh produce grown
				  in Texas and generally considered a perishable vegetable or fruit.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 14.2 - Citrus Proof of Ownership

Current through Reg. 49, No. 28; July 12,
				  2024
A licensee or a packer, processor, warehouseman or
					 transporter may not receive or handle citrus fruit without requiring the person
					 from whom the citrus fruit is purchased or received to furnish proof of
					 ownership on a form approved by the department; except for citrus fruit being
					 transported from the farm or grove to market or the place of first processing
					 by the producer of the citrus fruit operating the producer's vehicle or by an
					 employee of the producer operating a vehicle owned by the
					 producer.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 14.3 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) License/registration/identification card
				  fees.
(1) A license fee is $150.
(2) The fee for each identification card is
				  $30.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 14.4 - Cancellation of License

Current through Reg. 49, No. 28; July 12,
				  2024
If an award and payment is made from the Fund and the
					 licensee, or person required to be licensed, fails to reimburse and/or fails to
					 agree in writing to reimburse the Fund and/or the complaining party to the case
					 in accordance with the provisions of this chapter, the department shall
					 initiate proceedings, after 90 days of failure to reimburse and/or failure to
					 agree in writing to reimburse the Produce Recovery Fund, to cancel the
					 licensee's license in accordance with the Texas Agriculture Code, §
										RSA
					 103.009. Such proceedings shall be conducted
					 in accordance with the Texas Agriculture Code, §
										RSA
					 12.032, the Administrative Procedure Act,
					 Texas Government Code, Chapter 2001, and the department's rules of
					 procedure.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter B - PRODUCE RECOVERY FUND CLAIMS › Section 14.10 - Claims Against the Fund

Current through Reg. 49, No. 28; July 12,
				  2024
(a) What claims can
				  be filed. Only claims against a licensee or a person required to be licensed
				  for loss or damages due to a violation of the terms or conditions of a contract
				  for the sale of perishable commodities grown in Texas may be filed. The
				  following claims may not be accepted:
(1)
				  Claims for perishable commodities grown out-of-state.
(2) Claims filed under the Perishable
				  Agriculture Commodities Act (PACA) that are accepted as formal complaints and
				  adjudicated by the United States Department of Agriculture, or claims for which
				  a complainant has filed suit in a court of competent jurisdiction.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter B - PRODUCE RECOVERY FUND CLAIMS › Section 14.11 - Determination on Claims by the Department

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  Once a claim is filed in accordance with §
										RSA 14.10
				  of this title (relating to Claims Against the Fund), the department shall
				  investigate the claim and may conduct a hearing to determine the amount due the
				  aggrieved party. All hearings shall be conducted by a department hearing
				  officer in accordance with the provisions of the Administrative Procedure Act
				  and the department's General Rules of Practice and Procedure found at Chapter
				  1, Subchapter A of this title (relating to General Practice and
				  Procedure).
(b) The agency hearing
				  officer shall have the same authority as prescribed for the administrative law
				  judge in §
										RSA
				  1.18 of this title (relating to
				  Administrative Law Judges).
(c)
				  Parties may protest the recommendation made by the department hearing officer
				  by filing a Notice of Protest in accordance with §
										RSA
				  14.12 of this title (relating to Filing of
				  Notice of Protest; Appeal to the Board). If no protest is filed, the case will
				  be forwarded to the Deputy Commissioner for a final agency
				  determination.
(d) Parties may also
				  protest the agency's final determination by filing a Notice of Protest in
				  accordance with §
										RSA
				  14.12 of this title (relating to Filing of
				  Notice of Protest; Appeal to the Board).
(e) If no Notice of Protest is filed, the
				  department's determination becomes final and any payment awarded may be
				  made.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter B - PRODUCE RECOVERY FUND CLAIMS › Section 14.12 - Filing of Notice of Protest; Appeal to the Board

Current through Reg.
				  49, No. 28; July 12, 2024
(a) A person who disputes the recommendation
				  of the department's hearing officer or the department's final determination on
				  a claim shall file a Notice of Protest with the department. The notice shall be
				  sent to the attention of the Hearings Clerk, General Counsel Division, Texas
				  Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. A copy of the
				  Notice of Protest shall be sent to the opposing party and/or a designated
				  representative.
(b) A Notice of
				  Protest shall be in writing, state the reason or reasons for the protest, and
				  request a hearing before the Board.
(c) A Notice of Protest must be received by
				  the department within 15 days from the date of the receipt of the hearing
				  officer's Proposal for Decision on the claim, or if an appeal from the final
				  agency determination, within 20 days from the date the final agency
				  determination was mailed. The department shall accept notices of protest filed
				  by facsimile transmission, as long as the facsimile is received no later than 5
				  p.m. on the due date. Oral notices of protest shall not be accepted.
(d) If a Notice of Protest is received on a
				  claim, the claim shall be referred to the Board for hearing.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter B - PRODUCE RECOVERY FUND CLAIMS › Section 14.13 - Payment of Claims from the Fund

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) The
				  following payments of claims shall apply for a claim based on a violation
				  occurring prior to September 1, 2009.
(1)
				  Claims of $2000 or less may be paid in full.
(2) Claims of more than $2000 may be paid in
				  the following manner:
(A) If the claim was
				  filed on or after September 1, 1999, but prior to September 1, 2009, the first
				  $2000 plus no more than 70% of the amount in excess of $2,000, may be
				  paid.
(B) If the claim was filed
				  prior to September 1, 1999, the first $1,000 plus no more than 60% of the
				  amount in excess of $1000, may be paid.
(3) Claims arising from Same Contract. Total
				  payment for claims arising from the same contract shall not exceed
				  $35,000.
(4) Claims Against a
				  Single Licensee. Total payment for claims against a single licensee shall not
				  exceed $85,000 in any one calendar year. Claims shall be paid in the order that
				  a final determination is made by the department or the Board. In cases when a
				  claim cannot be paid in full due to the restrictions of this paragraph, the
				  claimant shall be given the option of accepting immediate payment of a lesser
				  amount or accepting full payment from the Fund during the next calendar
				  year.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter B - PRODUCE RECOVERY FUND CLAIMS › Section 14.14 - Reimbursement to the Fund

Current through Reg. 49, No. 28; July 12,
				  2024
(a) If the
				  department pays a claim against a licensee, or a person required to be
				  licensed, from the Fund:
(1) Upon issuance of
				  a final determination from the department or the Board, the licensee shall
				  reimburse the total amount paid by the Fund or agree in writing to reimburse
				  the Fund the total amount paid by the Fund. If a person is not licensed on the
				  date the transaction forming the basis of the claim occurred but is required to
				  be licensed, the person shall pay the fund one and one-half times the amount of
				  the claim paid by the Fund, upon issuance of a final determination from the
				  department or the Board. Payment to the Fund is due in full within 30 days of
				  the date of the final agency determination. If the licensee, or a person
				  required to be licensed, cannot pay the full amount to the Fund at that time,
				  the department may allow the licensee, or a person required to be licensed, to
				  pay the amount owed to the Fund on an amortization schedule set out in
				  paragraph (3) of this subsection plus an annual interest rate of
				  8.0%.
(2) After fully reimbursing
				  the Fund for payments made to the claimant, the licensee, or a person required
				  to be licensed, shall immediately pay or agree to pay the claimant any
				  remaining amount due that party (balance not received from the Fund). If the
				  licensee, or a person required to be licensed, cannot pay the full amount to
				  the claimant at that time, the department may allow the licensee, or a person
				  required to be licensed, to pay the amount owed to the claimant on an
				  amortization schedule as set out in paragraph (3) of this subsection plus an
				  annual interest rate of 8.0%, after the Fund is fully reimbursed.
(3) Amortization Schedule for Reimbursement
				  to the Produce Recovery Fund and Claimant. Claims of:
(A) $1.00-$5,000--Shall be paid in no more
				  than three monthly installments.
(B) $5,001-$10,000--Shall be paid in no more
				  than six monthly installments.
(C)
				  $10,001-$20,000--Shall be paid in no more than 12 monthly
				  installments.
(D)
				  $20,001-Over--Shall be paid in no more than 24 monthly installments.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter C - PRODUCE RECOVERY FUND BOARD › Section 14.20 - Purpose and Scope

Current through Reg. 49, No. 28; July 12,
				  2024
The purpose of these sections is to provide operating
					 procedures for the Produce Recovery Fund Board (the Board), and to provide
					 procedures for the conduct and determination of Board decisions, so that
					 hearings and other proceedings before the Board may be conducted in a uniform
					 and efficient manner. Unless otherwise provided, these rules are designed to
					 supplement procedures established in Chapter 1 of this title (relating to
					 General Practice and Procedure), and the Administrative Procedure Act and
					 should be read together with those procedures.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 14 - PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM › Subchapter C - PRODUCE RECOVERY FUND BOARD › Section 14.21 - Duties of the Board and the Department

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  The Board shall:
(1) advise the department on
				  all matters relating to the Fund, including the Fund's budget and revenues
				  necessary to accomplish the purposes of the Fund;
(2) advise the department on the adoption of
				  rules relating to the payment of claims from the Fund and to the administration
				  of the Fund; and
(3) conduct
				  hearings on claims on which a Notice of Protest has been filed with the
				  department.