Tex. Agric. Code Section 14.074
Penalty for Unlawful Delivery


(a)

A person commits an offense if the person:

(1)

delivers grain out of a public grain warehouse knowing that a negotiable receipt for the grain is outstanding and without possessing that receipt; or

(2)

delivers grain out of a public grain warehouse:

(A)

knowing that a nonnegotiable receipt or scale weight ticket is outstanding;

(B)

without the prior approval of the person lawfully entitled to delivery; and

(C)

without the delivery being shown on the appropriate records of the warehouse operator.

(b)

It is an affirmative defense to prosecution under this section that the person’s action is:

(1)

a sale or other disposition of grain in lawful enforcement of a warehouse operator’s lien;

(2)

a warehouse operator’s lawful termination of a storing, shipping, or handling agreement;

(3)

a delivery to the person lawfully entitled to delivery;

(4)

a delivery authorized by prior approval of the person lawfully entitled to delivery and the delivery is shown on the appropriate records of the warehouse operator;

(5)

necessary to prevent destruction of the grain;

(6)

taken under the order of a state or federal court; or

(7)

permitted by a rule of the department necessary to carry out this chapter.

(c)

An offense under this section is a felony of the second degree.
Renumbered from Sec. 14.030 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.

Source: Section 14.074 — Penalty for Unlawful Delivery, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­14.­htm#14.­074 (accessed Jun. 5, 2024).

14.001
Definitions
14.011
Limitation of Chapter
14.012
Business Information
14.013
Right to Intervene and Notification of Department
14.014
Receivership Affecting Warehouse Assets
14.015
Powers and Duties of Department
14.021
License Required
14.022
Licensing of Multiple Warehouses
14.023
Licensing Procedure
14.024
Requirement for Increasing Capacity
14.031
Bond
14.032
Additional Bond
14.033
Bond Cancellation
14.034
Cancellation of Letter of Credit
14.035
Cancellation of Certificate of Deposit or Cash
14.041
Casualty Insurance
14.042
Insurance Cancellation
14.043
Additional Insurance
14.051
Posting of License
14.052
Warehouse Operator Obligations
14.053
Receipt Forms
14.054
Issuance of Scale Weight Ticket or Receipt
14.055
Duplicate Receipts
14.056
Receipt for Grain Owned by Warehouse Operator
14.057
Records
14.058
Posting of Storage Rates or Tariffs
14.059
Inspections
14.061
Warehouse Receipt as Prima Facie Evidence
14.062
Invalid Receipts
14.063
Termination of Storage
14.064
Certain Loadout Fees Prohibited
14.065
Recovery on Bond
14.066
Appeal of Department Action by Warehouse Operator
14.071
General Penalty
14.072
Penalty for Operating Without a License
14.073
Penalty for Fraud
14.074
Penalty for Unlawful Delivery
14.075
Penalty for Fraudulently Issuing a Scale Weight Ticket or Receipt
14.076
Penalty for Changing a Receipt or Scale Weight Ticket After Issuance
14.077
Penalty for Depositing Grain Without Title
14.078
Penalty for Stealing Grain or Receiving Stolen Grain
14.079
Penalty for Interfering with Sealed Warehouse or Department Inspection or Investigation
14.081
Offense Is Violation
14.082
Discovery of Shortage
14.083
Denial, Revocation, Modification, or Suspension of License or Probation
14.084
Operation After Revocation or Suspension of a License or Probation
14.085
Injunction
14.086
Civil Penalty
14.087
Recovery of Court Costs
14.088
Venue

Accessed:
Jun. 5, 2024

§ 14.074’s source at texas​.gov