Texas Agriculture Code

§ 14.064 — CERTAIN LOADOUT FEES PROHIBITED

AG § 14.064Title 2. DEPARTMENT OF AGRICULTURE · Ch. 14. REGULATION OF PUBLIC GRAIN WAREHOUSE OPERATORS · Art. G. REMEDIES AND CLAIMS

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(a)A warehouse operator may not charge a fee for loading out grain if the loadout was the result of the misconduct of the warehouse operator.

(b)Misconduct under this section includes:

(1)violation of this chapter as established by final, unappealable order of the commissioner;

(2)conviction of a crime, including a plea of nolo contendere, described as an offense under this chapter; and

(3)conviction of a crime, including a plea of nolo contendere, described as an offense under the Penal Code and involving any type of fraud or theft related to the storing, shipping, handling, sale, or purchase of grain or the sale or purchase of grain handling, shipping, or storage equipment or warehouse structures or other assets.

(c)A loadout fee collected during a period of suspension of a warehouse operator's license by the department, after revocation of a warehouse operator's license, or during a period in which criminal charges are pending against a warehouse operator, shall be placed in an escrow account by the warehouse operator until:

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Legislative history

Added by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.