- (a) Application. A person required to be licensed shall apply on a form prescribed by the department and in addition shall submit a bond; financial statement; verification of insurance, if necessary a successor's agreement, and the fee(s) as required by §13.4 of this title (relating to Fees). The forms may be obtained from the department.
- (b) An unexpired license may be renewed when accompanied by the required renewal application; bond; financial statement; verification of insurance, and the fee(s) required by §13.4 of this title (relating to Fees). If a person's license has been expired for one year or longer, the person may not renew the license but must comply with the requirements and procedures for obtaining an original license.
- (c) The bond, as required by the Texas Agriculture Code §14.009, shall be a single bond, issued by a single corporate surety licensed to do business in the State of Texas.
- (d) Unless otherwise approved by the department a person shall obtain a separate license for each location.
- (e) Before any change of name, sale, or ownership of a grain warehouse facility, the purchaser shall execute on a form prescribed by the department a successor's agreement with the seller. Such agreement shall provide that all outstanding warehouse storage obligations of the seller are assumed by the purchaser. The successor's agreement shall accompany the purchaser's license application to the department.
- (f) Except as provided by Chapter 2, Subchapter B of this title (relating to Consolidated Licenses), a license shall expire on May 31st of each year unless the license is cancelled or suspended.
- (g) If a license has expired the grain warehouseman, upon request, shall surrender all unused warehouse receipts to the department.
- (h) A license may be denied or revoked if the applicant makes a false statement in connection with the application or omits information requested on the application.
- (i) An individual, corporate, or partnership applicant may be denied a license if the applicant has committed a violation of the Texas Agriculture Code, Chapter 14, or had a public grain warehouse license revoked, within two years prior to applying for a license.
- (j) A corporate or partnership applicant includes the business entity itself, 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. Partnership in this section means any form of partnership and corporate means any business entity that is not a partnership.
Source Note:The provisions of this §13.3 adopted to be effective September 2, 1996, 21 TexReg 7961; amended to be effective April 23, 1998, 23 TexReg 3823.