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) Code--Texas Agriculture Code.
  (2) 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, and the total storage obligation of the warehouse at the close of each day.
  (3) License--A public grain warehouse license.
  (4) Manager--A person responsible for the operation of the warehouse.
  (5) Open storage grain--Grain that:
    (A) is received for storage by a public grain warehouse;
    (B) is not covered by a receipt; and
    (C) is not owned by the warehouse in which it is stored.
  (6) Outstanding receipt--A receipt that has not been returned to and canceled by the warehouse operator.
  (7) Partial inspection--Inspections including, but not limited to, the following inspections:
    (A) of a new facility;
    (B) under the terms of a suspension or probation;
    (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; or
    (D) as a follow up inspection for the following purposes:
      (i) shortages;
      (ii) records not immediately available at headquarters or where access to records was refused during a previous inspection;
      (iii) to ensure that record keeping discrepancies discovered during a previous inspection have been corrected;
      (iv) to monitor a suspension or probation; or
      (v) to monitor termination of arrangements for storing, shipping, or handling of grain under the Code.
  (8) 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.
  (9) Received--Actual possession.
  (10) Temporary storage--A place on the ground or non-approved structure that can be used to store grain with written permission from the department.
  (11) Terminal storage--Storage of grain in a licensed warehouse that is either owned by another licensed warehouse or received for storage by another licensed warehouse.

Source Note: The provisions of this §13.1 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective December 27, 2022, 47 TexReg 8525