Texas Administrative Code

Texas Administrative Code

TITLE 4	AGRICULTURE
PART 1	TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 13	PUBLIC GRAIN WAREHOUSES
RULE §13.14	Temporary Storage

(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.

(d) A warehouse operator cannot use temporary storage if suitable storage is available at the licensed facility.

(e) Company owned grain shall be the first grain moved to temporary storage.

(f) Open depositor's grain put in temporary storage must have written approval by the owner of the grain.

(g) A temporary permit for temporary storage grain is valid for 90 days and may be renewed if the department determines that quality of grain has not been affected by weather conditions.

(h) A temporary capacity permit for company owned grain or open storage grain shall expire on May 1 of that licensing year for all grain on the ground regardless of when issued.

(i) The temporary storage must not cause the net worth to fall below $0.25 per bushel of total licensed storage capacity; additional bond must be given before use of additional capacity if net worth should fall below that specific amount.

(j) At any time the warehouse operator determines that more temporary storage is needed, he will have 10 days from the date the amount exceeded the temporary license to file additional bonding and insurance.

(k) All requirements for temporary storage must be met whether the location is on or off site of the original facility. In any case, temporary storage cannot be located outside of the state.

(l) Insurance requirements in §13.5 of this chapter (relating to Insurance Requirements) must be met.

(m) Bonding requirements in section §13.4 of this chapter (relating to Bonding Requirements) must be met.

Source Note: The provisions of this §13.14 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective March 21, 2011, 36 TexReg 1816; amended to be effective December 27, 2022, 47 TexReg 8525