1. (a) A person commits an offense if the person:

   1. (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. (2) delivers grain out of a public grain warehouse:

      1. (A) knowing that a nonnegotiable receipt or scale weight ticket is outstanding;
      2. (B) without the prior approval of the person lawfully entitled to delivery; and
      3. (C) without the delivery being shown on the appropriate records of the warehouse operator.

2. (b) It is an affirmative defense to prosecution under this section that the person's action is:

   1. (1) a sale or other disposition of grain in lawful enforcement of a warehouse operator's lien;
   2. (2) a warehouse operator's lawful termination of a storing, shipping, or handling agreement;
   3. (3) a delivery to the person lawfully entitled to delivery;
   4. (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. (5) necessary to prevent destruction of the grain;
   6. (6) taken under the order of a state or federal court; or
   7. (7) permitted by a rule of the department necessary to carry out this chapter.
3. (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.