In addition to the definitions set out in the Texas Agriculture Code, Chapter 14, Subchapter A, the following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

1. (1) Approved Warehouse--A public grain warehouse that has been inspected by the department and found to be suitable for the storage of grain.
2. (2) Authorized Personnel--Any person authorized by the warehouse operator to sign warehouse receipts or otherwise act on behalf of the warehouse operator.
3. (3) Code--Texas Agriculture Code.

4. (4) Company Owned Temporary Storage--Grain that is stored on the ground or in a non-approved structure that:

   1. (A) is owned by the warehouse in which it is stored; and
   2. (B) is not covered by a negotiable warehouse receipt;
5. (5) Company Owned Terminal Storage--Grain that is owned by the warehouse and stored in another licensed warehouse.
6. (6) Current License--A license that is neither delinquent, expired, suspended or revoked.
7. (7) Daily Position Report--A daily continuous inventory that gives the amount of grain received for each kind and class of grain and type of storage obligation. The amount of grain received, shipped out, or transferred (from one type of storage obligation to another) for each transaction or load as well as the total storage obligation of the warehouse at the close of each day.
8. (8) Delinquent License--A license that has not been renewed and has been expired less than one year.
9. (9) License--A public grain warehouse license.
10. (10) Manager--A person responsible for the operation of the warehouse.

11. (11) Open Storage Grain Temporary--Grain that is stored on the ground or in a non-approved structure that:

    1. (A) is received for storage by a public grain warehouse;
    2. (B) is not covered by a negotiable warehouse receipt; and
    3. (C) is not owned by the warehouse in which it is stored.

12. (12) Open Storage Grain Terminal--Grain that:

    1. (A) is received for storage by a public grain warehouse in another licensed warehouse;
    2. (B) is not covered by a negotiable warehouse receipt; and
    3. (C) is not owned by the warehouse in which it is stored.

13. (13) Partial inspection--Inspections including but not limited to the following inspections:

    1. (A) new facility inspection;
    2. (B) under the terms of a suspension or probation;
    3. (C) in response to a complaint that the warehouse operator has not complied with duties and obligations provided for by this chapter and the complaint is determined by the department to be valid.

    4. (D) as a follow up inspection to include:

       1. (i) shortages;
       2. (ii) records not immediately available at headquarters or where access of records were refused during a previous inspection;
       3. (iii) ensure that record keeping discrepancies discovered during a previous inspection have been corrected; or
       4. (iv) to monitor a suspension or probation; or
       5. (v) to monitor termination of arrangements for storing, shipping, or handling or grain under the code.
14. (14) Outstanding Warehouse Receipt--A receipt that has not been returned to and cancelled by the warehouse operator.
15. (15) Producer--The owner, tenant, or operator of land who has an interest in, and receives all or part of the proceeds from the sale of grain produced on the land.
16. (16) Received--actual possession.
17. (17) Temporary Storage--Grain that is stored on the ground or in a non-approved structure with written permission from the department.
18. (18) Violation--A failure to comply with any provision or requirement of the code, Chapter 14, or a rule adopted under the authority of the code, Chapter 14, an order of the Commissioner of Agriculture or the Commissioner's designee, a Notice to Comply, a Notice of Suspension, or any other agency order authorized by law, or commission of an offense defined by the code, Chapter 14.

Source Note:The provisions of this §13.1 adopted to be effective May 17, 2004, 29 TexReg 4755.