4 Tex. Admin. Code § 13.3 - License and Permits
(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) (No
change.)
(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.
Notes
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