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.
Source:
Section 14.074 — Penalty for Unlawful Delivery, https://statutes.capitol.texas.gov/Docs/AG/htm/AG.14.htm#14.074 (accessed May 26, 2025).
