1. (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, and if necessary a successor's agreement and the fee(s) as required by §13.7 of this title (relating to Fees). All forms may be obtained from the department.
2. (b) Unless otherwise approved as a combination license required by the Texas Agriculture Code (the code), §14.022, a person shall obtain a separate license for each location.
3. (c) The purchaser of a licensed grain warehouse facility shall assume all outstanding warehouse obligations, including but not limited to warehouse receipts or open storage accounts up to the amount of grain in storage at the time of purchase.
4. (d) If a license has expired, the grain warehouse operator, upon request, shall surrender all unused warehouse receipts to the department.
5. (e) 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.
6. (f) An individual, corporate or partnership applicant may be denied a license 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.
7. (g) A license to operate a public grain warehouse, issued under the code, Chapter 14 and these rules, is not transferable.
8. (h) A separate insurance policy is required for each individual facility not part of a combination.
9. (i) All facilities shall have a unique name.
10. (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.
11. (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.
12. (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 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.
13. (m) 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 May 17, 2004, 29 TexReg 4755.