State Codes and Statutes
Statutes > Texas > Agriculture-code > Title-2-department-of-agriculture > Chapter-14a-other-public-warehouse-operators
AGRICULTURE CODE
TITLE 2. DEPARTMENT OF AGRICULTURE
CHAPTER 14A. OTHER PUBLIC WAREHOUSE OPERATORS
Sec. 14A.001. DEFINITIONS. In this chapter:
(1) "Public warehouse operator" means a person who stores
cotton, wheat, rye, oats, or rice, or any kind of produce.
(2) "Warehouse" means a house, building, or room in which the
commodities listed in Subdivision (1) are stored and protected
from damage by the elements.
Amended by Acts 1997, 75th Leg., ch. 211, Sec. 1, eff. Sept. 1,
1997. Renumbered from Sec. 14.201 and amended by Acts 2001, 77th
Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.002. CERTIFICATE TO TRANSACT BUSINESS. No person may
operate a warehouse without first obtaining a certificate to
transact business as a public warehouse operator from the county
clerk of the county in which the warehouse is located.
Renumbered from Sec. 14.204 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.003. APPLICATION FOR CERTIFICATE. (a) In order to
obtain a certificate to transact business, a person must apply in
writing to the county clerk of the county in which the warehouse
is to be operated. The application must state the name and
location of the warehouse and:
(1) the name of each person with an interest as owner or
principal in the warehouse; or
(2) if a corporation owns or manages the warehouse, the name of
the president, secretary, and treasurer of the corporation.
(b) The clerk shall issue the certificate and retain for county
records a copy of the application.
Renumbered from Sec. 14.205 by Acts 2001, 77th Leg., ch. 1124,
Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.004. BOND. (a) A person receiving a certificate to
transact business shall file a bond with the county clerk
granting the certificate.
(b) The bond must be:
(1) payable to the State of Texas;
(2) of good and sufficient surety;
(3) conditioned on faithful performance of the applicant's duty
as a public warehouse operator; and
(4) in the amount of $5,000.
(c) A bond is subject to approval by the county clerk and the
clerk shall file approved bonds in the clerk's office.
Renumbered from Sec. 14.206 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.005. RECEIPTS. (a) The owner or depositor of property
stored in a warehouse may request from the public warehouse
operator a receipt for the property stored in the warehouse.
(b) The receipt shall be signed by the public warehouse operator
or the warehouse operator's agent and shall state:
(1) that the receipt is issued by a warehouse;
(2) the date of its issuance;
(3) the name and location of the warehouse in which the property
is stored; and
(4) the description, quantity, number, and marks of the property
stored.
(c) The public warehouse operator shall number receipts
consecutively in the order of their issue and shall keep a
correct record of receipts issued available for public inspection
at reasonable hours.
Renumbered from Sec. 14.207 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.006. RECEIPT FOR COTTON. (a) A public warehouse
operator shall issue a warehouse receipt to any person who
deposits cotton in the warehouse operator's warehouse and
requests a receipt.
(b) The receipt shall contain:
(1) all information required to be included on a receipt by
Section 14A.005;
(2) the date on which the cotton was received in the warehouse;
(3) a statement that the cotton represented by the receipt is
deliverable on return of the receipt properly endorsed and
payment of charges for storage and insurance stated on the face
of the receipt; and
(4) a statement of the grade and staple of the cotton
represented by the receipt.
(c) The statement of grade and staple of cotton required on
receipts by this section shall be determined by a licensed public
cotton classer. The public warehouse operator may not charge the
depositor of the cotton more than 25 cents per bale for the
statement. If no licensed public cotton classer is available, the
warehouse operator may issue a temporary receipt that:
(1) does not contain a statement of grade and staple of the
cotton;
(2) has the words "temporary receipt" clearly stamped on its
face; and
(3) is exchangeable at any time after five days from the date of
its issuance for a permanent warehouse receipt containing all
information required by Subsection (b).
(d) Failure or neglect by a public warehouse operator to comply
with the provisions of this section is a ground for revocation of
a certificate to transact business as a public warehouse
operator.
Renumbered from Sec. 14.208 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.007. DUPLICATE RECEIPTS. (a) A public warehouse
operator may not issue a duplicate receipt or two receipts
bearing the same number from the same warehouse during the same
calendar year, except as provided by Subsection (b).
(b) If a receipt is lost or destroyed, the public warehouse
operator shall issue a new receipt that:
(1) bears the same date and number as the original receipt;
(2) is plainly marked "duplicate" on its face; and
(3) is secured with a deposit:
(A) made by the person requesting the duplicate receipt; and
(B) acceptable to the warehouse operator to protect a person who
may hold the original receipt in good faith and for valuable
consideration.
Renumbered from Sec. 14.209 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.008. EXCHANGE OF COTTON RECEIPTS. (a) A person may
exchange a nonnegotiable receipt for cotton for a negotiable
receipt for cotton by:
(1) returning the nonnegotiable receipt to the warehouse issuing
it; and
(2) complying with the provisions of this chapter relating to
negotiable receipts.
(b) When the negotiable receipt is surrendered or canceled, the
public warehouse operator shall mark or stamp "canceled" in ink
on the face of the receipt.
Renumbered from Sec. 14.210 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.009. COTTON UNDER LIEN. A person who buys, sells, or
deals with cotton on which a lien or encumbrance exists is not
liable for conversion of the cotton if:
(1) the cotton is stored in a warehouse or is evidenced by a
negotiable warehouse receipt issued by a public warehouse
operator; and
(2) the person did not have actual knowledge of the lien or
encumbrance at the time of the alleged conversion.
Renumbered from Sec. 14.211 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.010. RECEIPT TO BE ISSUED ONLY ON DELIVERY. A public
warehouse operator may not issue a receipt until the goods
secured by the receipt are actually delivered to the warehouse
and are under the control of the warehouse operator issuing the
receipt.
Renumbered from Sec. 14.212 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.011. DELIVERY. (a) A public warehouse operator shall
immediately deliver property held in the warehouse on:
(1) presentation of a properly endorsed receipt issued by the
warehouse operator to represent the property; and
(2) payment by the holder of the receipt of all proper warehouse
charges on property represented by the receipt.
(b) Unless a receipt has been lost or canceled, a public
warehouse operator may not deliver property represented by a
receipt until the receipt is surrendered and canceled.
(c) On delivery of goods represented by a receipt, the public
warehouse operator shall cancel the receipt by writing "canceled"
in ink on the receipt and placing the warehouse operator's name
on the face of the receipt. A canceled receipt is void and may
not be circulated.
(d) A public warehouse operator who fails to strictly comply
with this section is liable to the legal holder of the receipt
for the full value of the property represented by the receipt,
based on the value of the property at the time of the default.
Renumbered from Sec. 14.213 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.012. EXCEPTIONS. (a) This chapter does not apply to
private warehouses or the issuance of receipts by the owners or
managers of private warehouses.
(b) This chapter does not prohibit a public warehouse operator
from issuing the same types of receipts as issued by a private
warehouse, provided that the faces of the receipts are plainly
marked with: "not a public warehouse receipt."
Renumbered from Sec. 14.214 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.013. REVOCATION OF A CERTIFICATE. (a) A person may
sue in the district court of the county in which a warehouse is
situated to revoke the certificate of the warehouse.
(b) The person seeking revocation of the certificate shall
provide the court with a written petition setting forth
particular violations of the law, and the court shall conduct the
trial with the same rules of process, procedure, and evidence
used in civil cases.
Renumbered from Sec. 14.216 by Acts 2001, 77th Leg., ch. 1124,
Sec. 1, eff. Sept. 1, 2001.
State Codes and Statutes
Statutes > Texas > Agriculture-code > Title-2-department-of-agriculture > Chapter-14a-other-public-warehouse-operators
AGRICULTURE CODE
TITLE 2. DEPARTMENT OF AGRICULTURE
CHAPTER 14A. OTHER PUBLIC WAREHOUSE OPERATORS
Sec. 14A.001. DEFINITIONS. In this chapter:
(1) "Public warehouse operator" means a person who stores
cotton, wheat, rye, oats, or rice, or any kind of produce.
(2) "Warehouse" means a house, building, or room in which the
commodities listed in Subdivision (1) are stored and protected
from damage by the elements.
Amended by Acts 1997, 75th Leg., ch. 211, Sec. 1, eff. Sept. 1,
1997. Renumbered from Sec. 14.201 and amended by Acts 2001, 77th
Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.002. CERTIFICATE TO TRANSACT BUSINESS. No person may
operate a warehouse without first obtaining a certificate to
transact business as a public warehouse operator from the county
clerk of the county in which the warehouse is located.
Renumbered from Sec. 14.204 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.003. APPLICATION FOR CERTIFICATE. (a) In order to
obtain a certificate to transact business, a person must apply in
writing to the county clerk of the county in which the warehouse
is to be operated. The application must state the name and
location of the warehouse and:
(1) the name of each person with an interest as owner or
principal in the warehouse; or
(2) if a corporation owns or manages the warehouse, the name of
the president, secretary, and treasurer of the corporation.
(b) The clerk shall issue the certificate and retain for county
records a copy of the application.
Renumbered from Sec. 14.205 by Acts 2001, 77th Leg., ch. 1124,
Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.004. BOND. (a) A person receiving a certificate to
transact business shall file a bond with the county clerk
granting the certificate.
(b) The bond must be:
(1) payable to the State of Texas;
(2) of good and sufficient surety;
(3) conditioned on faithful performance of the applicant's duty
as a public warehouse operator; and
(4) in the amount of $5,000.
(c) A bond is subject to approval by the county clerk and the
clerk shall file approved bonds in the clerk's office.
Renumbered from Sec. 14.206 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.005. RECEIPTS. (a) The owner or depositor of property
stored in a warehouse may request from the public warehouse
operator a receipt for the property stored in the warehouse.
(b) The receipt shall be signed by the public warehouse operator
or the warehouse operator's agent and shall state:
(1) that the receipt is issued by a warehouse;
(2) the date of its issuance;
(3) the name and location of the warehouse in which the property
is stored; and
(4) the description, quantity, number, and marks of the property
stored.
(c) The public warehouse operator shall number receipts
consecutively in the order of their issue and shall keep a
correct record of receipts issued available for public inspection
at reasonable hours.
Renumbered from Sec. 14.207 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.006. RECEIPT FOR COTTON. (a) A public warehouse
operator shall issue a warehouse receipt to any person who
deposits cotton in the warehouse operator's warehouse and
requests a receipt.
(b) The receipt shall contain:
(1) all information required to be included on a receipt by
Section 14A.005;
(2) the date on which the cotton was received in the warehouse;
(3) a statement that the cotton represented by the receipt is
deliverable on return of the receipt properly endorsed and
payment of charges for storage and insurance stated on the face
of the receipt; and
(4) a statement of the grade and staple of the cotton
represented by the receipt.
(c) The statement of grade and staple of cotton required on
receipts by this section shall be determined by a licensed public
cotton classer. The public warehouse operator may not charge the
depositor of the cotton more than 25 cents per bale for the
statement. If no licensed public cotton classer is available, the
warehouse operator may issue a temporary receipt that:
(1) does not contain a statement of grade and staple of the
cotton;
(2) has the words "temporary receipt" clearly stamped on its
face; and
(3) is exchangeable at any time after five days from the date of
its issuance for a permanent warehouse receipt containing all
information required by Subsection (b).
(d) Failure or neglect by a public warehouse operator to comply
with the provisions of this section is a ground for revocation of
a certificate to transact business as a public warehouse
operator.
Renumbered from Sec. 14.208 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.007. DUPLICATE RECEIPTS. (a) A public warehouse
operator may not issue a duplicate receipt or two receipts
bearing the same number from the same warehouse during the same
calendar year, except as provided by Subsection (b).
(b) If a receipt is lost or destroyed, the public warehouse
operator shall issue a new receipt that:
(1) bears the same date and number as the original receipt;
(2) is plainly marked "duplicate" on its face; and
(3) is secured with a deposit:
(A) made by the person requesting the duplicate receipt; and
(B) acceptable to the warehouse operator to protect a person who
may hold the original receipt in good faith and for valuable
consideration.
Renumbered from Sec. 14.209 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.008. EXCHANGE OF COTTON RECEIPTS. (a) A person may
exchange a nonnegotiable receipt for cotton for a negotiable
receipt for cotton by:
(1) returning the nonnegotiable receipt to the warehouse issuing
it; and
(2) complying with the provisions of this chapter relating to
negotiable receipts.
(b) When the negotiable receipt is surrendered or canceled, the
public warehouse operator shall mark or stamp "canceled" in ink
on the face of the receipt.
Renumbered from Sec. 14.210 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.009. COTTON UNDER LIEN. A person who buys, sells, or
deals with cotton on which a lien or encumbrance exists is not
liable for conversion of the cotton if:
(1) the cotton is stored in a warehouse or is evidenced by a
negotiable warehouse receipt issued by a public warehouse
operator; and
(2) the person did not have actual knowledge of the lien or
encumbrance at the time of the alleged conversion.
Renumbered from Sec. 14.211 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.010. RECEIPT TO BE ISSUED ONLY ON DELIVERY. A public
warehouse operator may not issue a receipt until the goods
secured by the receipt are actually delivered to the warehouse
and are under the control of the warehouse operator issuing the
receipt.
Renumbered from Sec. 14.212 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.011. DELIVERY. (a) A public warehouse operator shall
immediately deliver property held in the warehouse on:
(1) presentation of a properly endorsed receipt issued by the
warehouse operator to represent the property; and
(2) payment by the holder of the receipt of all proper warehouse
charges on property represented by the receipt.
(b) Unless a receipt has been lost or canceled, a public
warehouse operator may not deliver property represented by a
receipt until the receipt is surrendered and canceled.
(c) On delivery of goods represented by a receipt, the public
warehouse operator shall cancel the receipt by writing "canceled"
in ink on the receipt and placing the warehouse operator's name
on the face of the receipt. A canceled receipt is void and may
not be circulated.
(d) A public warehouse operator who fails to strictly comply
with this section is liable to the legal holder of the receipt
for the full value of the property represented by the receipt,
based on the value of the property at the time of the default.
Renumbered from Sec. 14.213 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.012. EXCEPTIONS. (a) This chapter does not apply to
private warehouses or the issuance of receipts by the owners or
managers of private warehouses.
(b) This chapter does not prohibit a public warehouse operator
from issuing the same types of receipts as issued by a private
warehouse, provided that the faces of the receipts are plainly
marked with: "not a public warehouse receipt."
Renumbered from Sec. 14.214 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.013. REVOCATION OF A CERTIFICATE. (a) A person may
sue in the district court of the county in which a warehouse is
situated to revoke the certificate of the warehouse.
(b) The person seeking revocation of the certificate shall
provide the court with a written petition setting forth
particular violations of the law, and the court shall conduct the
trial with the same rules of process, procedure, and evidence
used in civil cases.
Renumbered from Sec. 14.216 by Acts 2001, 77th Leg., ch. 1124,
Sec. 1, eff. Sept. 1, 2001.
State Codes and Statutes
Statutes >
Texas >
Agriculture-code >
Title-2-department-of-agriculture >
Chapter-14a-other-public-warehouse-operators AGRICULTURE CODE
TITLE 2. DEPARTMENT OF AGRICULTURE
CHAPTER 14A. OTHER PUBLIC WAREHOUSE OPERATORS
Sec. 14A.001. DEFINITIONS. In this chapter:
(1) "Public warehouse operator" means a person who stores
cotton, wheat, rye, oats, or rice, or any kind of produce.
(2) "Warehouse" means a house, building, or room in which the
commodities listed in Subdivision (1) are stored and protected
from damage by the elements.
Amended by Acts 1997, 75th Leg., ch. 211, Sec. 1, eff. Sept. 1,
1997. Renumbered from Sec. 14.201 and amended by Acts 2001, 77th
Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.002. CERTIFICATE TO TRANSACT BUSINESS. No person may
operate a warehouse without first obtaining a certificate to
transact business as a public warehouse operator from the county
clerk of the county in which the warehouse is located.
Renumbered from Sec. 14.204 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.003. APPLICATION FOR CERTIFICATE. (a) In order to
obtain a certificate to transact business, a person must apply in
writing to the county clerk of the county in which the warehouse
is to be operated. The application must state the name and
location of the warehouse and:
(1) the name of each person with an interest as owner or
principal in the warehouse; or
(2) if a corporation owns or manages the warehouse, the name of
the president, secretary, and treasurer of the corporation.
(b) The clerk shall issue the certificate and retain for county
records a copy of the application.
Renumbered from Sec. 14.205 by Acts 2001, 77th Leg., ch. 1124,
Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.004. BOND. (a) A person receiving a certificate to
transact business shall file a bond with the county clerk
granting the certificate.
(b) The bond must be:
(1) payable to the State of Texas;
(2) of good and sufficient surety;
(3) conditioned on faithful performance of the applicant's duty
as a public warehouse operator; and
(4) in the amount of $5,000.
(c) A bond is subject to approval by the county clerk and the
clerk shall file approved bonds in the clerk's office.
Renumbered from Sec. 14.206 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.005. RECEIPTS. (a) The owner or depositor of property
stored in a warehouse may request from the public warehouse
operator a receipt for the property stored in the warehouse.
(b) The receipt shall be signed by the public warehouse operator
or the warehouse operator's agent and shall state:
(1) that the receipt is issued by a warehouse;
(2) the date of its issuance;
(3) the name and location of the warehouse in which the property
is stored; and
(4) the description, quantity, number, and marks of the property
stored.
(c) The public warehouse operator shall number receipts
consecutively in the order of their issue and shall keep a
correct record of receipts issued available for public inspection
at reasonable hours.
Renumbered from Sec. 14.207 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.006. RECEIPT FOR COTTON. (a) A public warehouse
operator shall issue a warehouse receipt to any person who
deposits cotton in the warehouse operator's warehouse and
requests a receipt.
(b) The receipt shall contain:
(1) all information required to be included on a receipt by
Section 14A.005;
(2) the date on which the cotton was received in the warehouse;
(3) a statement that the cotton represented by the receipt is
deliverable on return of the receipt properly endorsed and
payment of charges for storage and insurance stated on the face
of the receipt; and
(4) a statement of the grade and staple of the cotton
represented by the receipt.
(c) The statement of grade and staple of cotton required on
receipts by this section shall be determined by a licensed public
cotton classer. The public warehouse operator may not charge the
depositor of the cotton more than 25 cents per bale for the
statement. If no licensed public cotton classer is available, the
warehouse operator may issue a temporary receipt that:
(1) does not contain a statement of grade and staple of the
cotton;
(2) has the words "temporary receipt" clearly stamped on its
face; and
(3) is exchangeable at any time after five days from the date of
its issuance for a permanent warehouse receipt containing all
information required by Subsection (b).
(d) Failure or neglect by a public warehouse operator to comply
with the provisions of this section is a ground for revocation of
a certificate to transact business as a public warehouse
operator.
Renumbered from Sec. 14.208 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.007. DUPLICATE RECEIPTS. (a) A public warehouse
operator may not issue a duplicate receipt or two receipts
bearing the same number from the same warehouse during the same
calendar year, except as provided by Subsection (b).
(b) If a receipt is lost or destroyed, the public warehouse
operator shall issue a new receipt that:
(1) bears the same date and number as the original receipt;
(2) is plainly marked "duplicate" on its face; and
(3) is secured with a deposit:
(A) made by the person requesting the duplicate receipt; and
(B) acceptable to the warehouse operator to protect a person who
may hold the original receipt in good faith and for valuable
consideration.
Renumbered from Sec. 14.209 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.008. EXCHANGE OF COTTON RECEIPTS. (a) A person may
exchange a nonnegotiable receipt for cotton for a negotiable
receipt for cotton by:
(1) returning the nonnegotiable receipt to the warehouse issuing
it; and
(2) complying with the provisions of this chapter relating to
negotiable receipts.
(b) When the negotiable receipt is surrendered or canceled, the
public warehouse operator shall mark or stamp "canceled" in ink
on the face of the receipt.
Renumbered from Sec. 14.210 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.009. COTTON UNDER LIEN. A person who buys, sells, or
deals with cotton on which a lien or encumbrance exists is not
liable for conversion of the cotton if:
(1) the cotton is stored in a warehouse or is evidenced by a
negotiable warehouse receipt issued by a public warehouse
operator; and
(2) the person did not have actual knowledge of the lien or
encumbrance at the time of the alleged conversion.
Renumbered from Sec. 14.211 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.010. RECEIPT TO BE ISSUED ONLY ON DELIVERY. A public
warehouse operator may not issue a receipt until the goods
secured by the receipt are actually delivered to the warehouse
and are under the control of the warehouse operator issuing the
receipt.
Renumbered from Sec. 14.212 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.011. DELIVERY. (a) A public warehouse operator shall
immediately deliver property held in the warehouse on:
(1) presentation of a properly endorsed receipt issued by the
warehouse operator to represent the property; and
(2) payment by the holder of the receipt of all proper warehouse
charges on property represented by the receipt.
(b) Unless a receipt has been lost or canceled, a public
warehouse operator may not deliver property represented by a
receipt until the receipt is surrendered and canceled.
(c) On delivery of goods represented by a receipt, the public
warehouse operator shall cancel the receipt by writing "canceled"
in ink on the receipt and placing the warehouse operator's name
on the face of the receipt. A canceled receipt is void and may
not be circulated.
(d) A public warehouse operator who fails to strictly comply
with this section is liable to the legal holder of the receipt
for the full value of the property represented by the receipt,
based on the value of the property at the time of the default.
Renumbered from Sec. 14.213 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.012. EXCEPTIONS. (a) This chapter does not apply to
private warehouses or the issuance of receipts by the owners or
managers of private warehouses.
(b) This chapter does not prohibit a public warehouse operator
from issuing the same types of receipts as issued by a private
warehouse, provided that the faces of the receipts are plainly
marked with: "not a public warehouse receipt."
Renumbered from Sec. 14.214 and amended by Acts 2001, 77th Leg.,
ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Sec. 14A.013. REVOCATION OF A CERTIFICATE. (a) A person may
sue in the district court of the county in which a warehouse is
situated to revoke the certificate of the warehouse.
(b) The person seeking revocation of the certificate shall
provide the court with a written petition setting forth
particular violations of the law, and the court shall conduct the
trial with the same rules of process, procedure, and evidence
used in civil cases.
Renumbered from Sec. 14.216 by Acts 2001, 77th Leg., ch. 1124,
Sec. 1, eff. Sept. 1, 2001.
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