(a) A warehouse operator shall file with the department a financial statement showing the net worth of the operator's grain warehouse business as part of an application for a new license and thereafter shall file with the department a new financial statement, reflecting the net worth of the operator's grain warehouse business at the end of the operator's most recent fiscal year, no later than the 90th day following the end of the operator's most recent fiscal year.
(b) The financial statement required by subsection (a) of this section must be a reviewed or audited financial statement prepared and signed by an independent public accountant.
(c) The required reviewed or audited financial statement shall be prepared in accordance with the generally accepted accounting principles for financial statements and related information established by the American Institute of Certified Public Accountants and shall include, but not be limited to, each of the following:
  (1) a balance sheet;
  (2) a statement of income (profit and loss);
  (3) a statement of retained earnings;
  (4) a statement of cash flows; and
  (5) all accountant certifications, assurances, opinions, comments, and notes to the financial statement.
(d) The financial statement required by this section shall be accompanied by:
  (1) a certification, under penalty of perjury, that the financial statement, as prepared, accurately reflects the financial condition of the operator's grain warehouse business as of the date designated, and fairly represents the result of operations for the period designated;
  (2) a detailed list of company-owned grain (paid contracted or the operator's own production), unpaid contracted grain, non-collateral receipted grain, collateral receipted grain, open storage grain, and grain received on consignment as of the date designated in paragraph (1) of this subsection;
  (3) a list of all parties in any pending litigation that claim a monetary judgment against the warehouse operator, the amount of the claim of each such party, and the status of the litigation; and
  (4) a list of all final unpaid monetary judgments against the warehouse operator.
(e) If the department has reason to believe that the financial status of the operator's grain warehouse business has changed significantly since the last financial statement was submitted or if the department becomes aware of inaccurate or false information within or information omitted from a submitted financial statement, the department may by written notice require the operator to provide additional financial information and in the case of inaccurate, false, or omitted information may require the operator to submit a new or updated audited financial statement prepared and signed by an independent public accountant.
(f) The notice required by subsection (e) of this section shall state the reasons why the department believes the financial status of the operator's grain warehouse business has significantly changed or specify the information the department believes is inaccurate, false, or omitted, as applicable. An operator's disagreement with the information set forth in the notice required by subsection (e) of this section, however, shall not operate to excuse the warehouse operator from complying with the notice.
(g) Temporary storage shall be included in determining net worth bonding requirements and additional net worth bonding may be required before a temporary storage permit is issued.

Source Note: The provisions of this §13.6 adopted to be effective May 17, 2004, 29 TexReg 4755; amended to be effective March 21, 2011, 36 TexReg 1816; amended to be effective December 27, 2022, 47 TexReg 8525