Section 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.(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.4 Tex. Admin. Code § 13.3
The provisions of this §13.3 adopted to be effective May 17, 2004, 29 TexReg 4755; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8525, eff. 12/27/2022