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.
(6) Outstanding receipt--A receipt that has not been
returned to and canceled by the warehouse operator.
(7) Partial inspection--Inspections including, but
not limited to, the following inspections:
(A) of a new facility;
(B) under the terms of a suspension or probation;
(C) in response to a complaint that the warehouse operator
has not complied with duties and obligations provided for by this
chapter and the complaint is determined by the department to be valid;
or
(D) as a follow up inspection for the following purposes:
(i) shortages;
(ii) records not immediately available at headquarters
or where access to records was refused during a previous inspection;
(iii) to ensure that record keeping discrepancies discovered
during a previous inspection have been corrected;
(iv) to monitor a suspension or probation; or
(v) to monitor termination of arrangements for storing,
shipping, or handling of grain under the Code.
(8) Producer--The owner, tenant, or operator of land
who has an interest in, and receives all or part of the proceeds from,
the sale of grain produced on the land.
(9) Received--Actual possession.
(10) Temporary storage--A place on the ground or non-approved
structure that can be used to store grain with written permission
from the department.
(11) Terminal storage--Storage of grain in a licensed
warehouse that is either owned by another licensed warehouse or received
for storage by another licensed warehouse.
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