| (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) A license may be denied or revoked if the applicant
makes a false statement in connection with the application or omits
information requested on the application.
(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.
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