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CHAPTER 14. REGULATION OF PUBLIC GRAIN WAREHOUSE OPERATORS
14.072. PENALTY FOR OPERATING WITHOUT A LICENSE
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| (a) A person commits an offense if the person: |
(1) transacts any public grain warehouse business without first obtaining a license required by this chapter; or
(2) continues to transact public grain warehouse business after a license has been revoked or suspended, or the license holder has been placed on probation, except as permitted under Section 14.084. |
| (b) An offense under this section is a felony of the third degree. |
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| 14.073. PENALTY FOR FRAUD |
| (a) A person commits an offense if the person: |
(1) issues or aids in issuing a receipt or scale weight ticket knowing that the grain covered by the receipt or scale weight ticket has not been actually received at the grain warehouse;
(2) issues or aids in issuing a duplicate or additional negotiable receipt for grain knowing that a former negotiable receipt for the same grain or any part of the grain is outstanding except as permitted by Section 14.055; or
(3) fraudulently and without proper authority represents, forges, alters, counterfeits, or simulates any license, scale weight ticket, or receipt provided for by this chapter. |
| (b) An offense under this section is a felony of the second degree. |
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| 14.074. PENALTY FOR UNLAWFUL DELIVERY |
| (a) A person commits an offense if the person: |
(1) delivers grain out of a public grain warehouse knowing that a negotiable receipt for the grain is outstanding and without possessing that receipt; or
(2) delivers grain out of a public grain warehouse: |
(A) knowing that a nonnegotiable receipt or scale weight ticket is outstanding;
(B) without the prior approval of the person lawfully entitled to delivery; and
(C) without the delivery being shown on the appropriate records of the warehouse operator. |
| (b) It is an affirmative defense to prosecution under this section that the person's action is: |
(1) a sale or other disposition of grain in lawful enforcement of a warehouse operator's lien;
(2) a warehouse operator's lawful termination of a storing, shipping, or handling agreement;
(3) a delivery to the person lawfully entitled to delivery;
(4) a delivery authorized by prior approval of the person lawfully entitled to delivery and the delivery is shown on the appropriate records of the warehouse operator;
(5) necessary to prevent destruction of the grain;
(6) taken under the order of a state or federal court; or
(7) permitted by a rule of the department necessary to carry out this chapter. |
| (c) An offense under this section is a felony of the second degree. |
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| 14.075. PENALTY FOR FRAUDULENTLY ISSUING A SCALE WEIGHT TICKET OR RECEIPT |
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(a) A person commits an offense if the person fraudulently issues or aids in fraudulently issuing a receipt or scale weight ticket knowing that it contains a false statement.
(b) An offense under this section is a felony of the second degree.
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| 14.076. PENALTY FOR CHANGING A RECEIPT OR SCALE WEIGHT TICKET AFTER ISSUANCE |
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(a) A person commits an offense if the person changes a receipt or scale weight ticket after its issuance.
(b) It is a defense to prosecution under this section that the change on the receipt or scale weight ticket is a notation by the warehouse operator for partial delivery or corrections made by the warehouse operator to reflect accuracy of accounts.
(c) An offense under this section is a felony of the second degree.
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| 14.077. PENALTY FOR DEPOSITING GRAIN WITHOUT TITLE |
| (a) A person commits an offense if the person: |
(1) deposits grain without having title to the grain or deposits grain on which there is a lien or mortgage;
(2) receives for the grain a negotiable receipt; and
(3) negotiates the receipt for value with intent to deceive and without disclosing the person's lack of title or the existence of a lien or mortgage on the grain. |
| (b) An offense under this section is a felony of the second degree. |
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| 14.078. PENALTY FOR STEALING GRAIN OR RECEIVING STOLEN GRAIN |
| (a) A person commits an offense if the person: |
(1) obtains or exercises control over grain stored in a public grain warehouse without the owner's effective consent and with the intent to deprive the owner of the grain;
(2) obtains from another person grain stolen from a public grain warehouse knowing that the grain is stolen; or
(3) exercises control over grain stolen from a public grain warehouse knowing that the grain is stolen. |
| (b) An offense under this section is a felony[0] of the second degree. |
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| 14.079. PENALTY FOR INTERFERING WITH SEALED WAREHOUSE OR DEPARTMENT INSPECTION OR INVESTIGATION |
| (a) A person commits an offense if the person: |
(1) without the department's consent and with the intent to obstruct the department's regulation, management, or control of sealed grain, obtains or exercises control over grain stored in a building, bin, or other similar structure sealed by the department;
(2) breaks, removes, vandalizes, or otherwise interferes with a department seal placed on a building, bin, or other similar structure used for the receiving of grain for hire, shipping of grain for hire, storing of grain for hire, or handling of grain for hire;
(3) without the department's consent and with the intent to obstruct the department's regulation, management, or control of sealed grain, interferes with the department's access to or control of grain stored in a building, bin, or other similar structure sealed by the department; or
(4) interferes with the lawful investigation or inspection of the facilities, records, or grain deposits of a public grain warehouse by a department inspector or other department official. |
| (b) It is an affirmative defense to prosecution under this section that the person's action is: |
(1) necessary to prevent destruction of stored grain or the sealed structure; or
(2) taken under the order of a state or federal court. |
| (c) An offense under this section is a felony of the third degree. |
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CHAPTER 59. FARM AND RANCH FINANCE PROGRAM
59.046. FALSE OR FICTITIOUS WRITTEN STATEMENT
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(a) A person commits an offense if the person knowingly or intentionally makes, publishes, passes, files, or uses any false, fictitious, or forged paper, document, contract, affidavit, application, assignment, or other written instrument relating to the procurement of financial assistance under this chapter or to the purchase, sale, or resale of land under this chapter or in connection with any transaction under this chapter.
(b) An offense under this section is a felony of the third degree. |
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| 59.047. FRAUD |
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(a) A person commits an offense if the person defrauds a person of rights or benefits under this chapter or uses this chapter to defraud the state by an act of fraud, duress, deceit, coercion, or misrepresentation.
(b) An offense under this section is a felony of the third degree.
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CHAPTER 76. PESTICIDE AND HERBICIDE REGULATION
76.201. OFFENSES
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| (a) A person commits an offense if the person distributes within this state or delivers for transportation or transports in intrastate commerce or between points within this state through a point outside this state, any of the following: |
(1) a pesticide that has not been registered as provided by this chapter, except for a pesticide that is not for use in this state and is only being manufactured, transported, or distributed for use outside of this state;
(2) a pesticide that has a claim, a direction for its use, or labeling that differs from the representations made in connection with its registration;
(3) a pesticide that is not in the registrant's or manufacturer's unbroken immediate container and that is not labeled with the information and in the manner required by Section 76.021 of this code;
(4) a pesticide: |
(A) that is of strength or purity that falls below the professed standard or quality expressed on its labeling or under which it is sold;
(B) for which a substance has been substituted wholly or in part;
(C) of which a valuable constituent has been wholly or in part abstracted; or
(D) in which a contaminant is present in an amount that is determined by the department to be a hazard; |
(5) a pesticide or device that is misbranded; or
(6) a pesticide in a container that is unsafe due to damage. |
| (b) A person commits an offense if the person: |
(1) detaches, alters, defaces, or destroys, wholly or in part, any label or labeling provided for by this chapter or a rule adopted under this chapter before the container has been emptied and rinsed properly;
(2) adds any substance to or takes any substance from a pesticide in a manner that may defeat the purpose of this chapter or a rule adopted under this chapter;
(3) uses or causes to be used a pesticide contrary to its labeling or to a rule of the department limiting the use of the pesticide;
(4) handles, transports, stores, displays, or distributes a pesticide in a manner that violates a provision of this chapter or a rule adopted by the department under this chapter; or
(5) disposes of, discards, or stores a pesticide or pesticide container in a manner that the person knows or should know is likely to cause injury to man, vegetation, crops, livestock, wildlife, or pollinating insects. |
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(c) A person other than a person to whom the pesticide is registered commits an offense if the person uses for the person's advantage or reveals, other than to a properly designated state or federal official or employee, a physician, or in emergency to a pharmacist or other qualified person for the preparation of an antidote, any information relating to pesticide formulas, trade secrets, or commercial or financial information acquired under this chapter and marked as privileged or confidential by the registrant.
(d) A person commits an offense if the person:
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(1) commits an act for which a certified applicator's license may be suspended, modified, revoked, or not renewed under Section 76.116 of this code; or
(2) violates any provision of this chapter to which this section does not expressly apply. |
(e) A person commits an offense if the person:
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(1) knowingly or intentionally uses, causes to be used, handles, stores, or disposes of a pesticide in a manner that causes injury to man, vegetation, crops, livestock, wildlife, or pollinating insects;
(2) violates Section 76.071(a);
(3) has a permit to apply a powder or dry-type regulated herbicide and applies a herbicide that does not meet the requirements of Section 76.144(c);
(4) violates a rule adopted under this chapter; or
(5) fails to keep or submit records in violation of this chapter. |
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| § 76.202. PENALTY |
(a) Except as provided by Subsection (b) of this section, an offense under Section 76.201 of this code is a Class C misdemeanor, unless the person has been previously convicted of an offense under that section, in which event the offense is a Class B misdemeanor.
(b) An offense under Section 76.201(e) of this code is a Class A misdemeanor, unless the person has been previously convicted of an offense under that subsection, in which event the offense is a felony[0] of the third degree. |
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| CHAPTER 134. REGULATION OF AQUACULTURE |
134.022. (b) A person may not unlawfully, as defined by Section 31.03(b), Penal Code [Theft], acquire or otherwise exercise control over cultured species with intent to deprive the owner of the cultured species.
134.023. (d) A person who violates Section 134.022(b) of this code by taking cultured species of a value of $750 or more commits an offense that is a felony of the third degree. |
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CHAPTER 144. MARKS AND BRANDS
144.127. REPRODUCTION OR DESTRUCTION OF TATTOO MARK
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(a) A person commits an offense if the person, without the consent of the owner, reproduces, counterfeits, copies, adds to, takes from, imitates, destroys, or removes a registered tattoo mark on livestock or aids in the commission of one of those acts.
(b) An offense under this section is a felony punishable by imprisonment in the Texas Department of Corrections for not less than 2 years nor more than 12 years. |
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| 144.128. PURCHASE, SALE, OR TRANSPORTATION OF TATTOOED LIVESTOCK WITHOUT CONSENT |
| (a) A person commits an offense if the person: |
(1) without consent of the owner, buys, sells, or barters, for that person or another person, any livestock on which a registered tattoo mark has been placed;
(2) without consent of the owner, transports over the highways of this state any livestock on which a registered tattoo mark has been placed; or
(3) aids in the commission of an act under Subdivision (1) or (2) of this subsection. |
| (b) An offense under this section is a felony punishable by imprisonment in the Texas Department of Corrections for not less than 2 years nor more than 12 years 2 to 12 years. |
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CHAPTER 147. LIVESTOCK COMMISSION MERCHANTS
147.061. FAILURE TO FILE OR MAINTAIN BOND
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| (a) A person commits an offense if the person: |
(1) advertises or solicits business, or engages in business, as a livestock commission merchant without filing a bond in accordance with this chapter; or
(2) as a livestock commission merchant, fails to maintain a bond in full force and effect in accordance with this chapter. |
| (b) A person commits an offense if the person: |
(1) advertises or solicits business, or engages in business, as a livestock auction commission merchant without filing a bond in accordance with this chapter; or
(2) as a livestock auction commission merchant, fails to maintain a bond in full force and effect in accordance with this chapter. |
| (c) An offense under Subsection (a) of this section is a felony punishable by: |
(1) a fine of not less than $500 nor more than $5,000;
(2) imprisonment in the Texas Department of Corrections for not less than one nor more than two years; or
(3) both fine and imprisonment under this subsection. |
| (d) An offense under Subsection (b) of this section is a misdemeanor punishable by: |
(1) a fine of not less than $25 nor more than $1,000;
(2) confinement in county jail for not more than 30 days; or
(3) both fine and confinement under this subsection. |
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| 147.064. APPROPRIATION OF PROCEEDS OF SALE |
(a) A person commits an offense if, as a livestock commission merchant, the person appropriates or uses any portion of the net proceeds of the sale of livestock for a purpose other than remitting the proceeds under Section 147.004 of this code.
(b) A person commits an offense if, as a livestock auction commission merchant, the person appropriates or uses any portion of the net proceeds of the sale of livestock for a purpose other than remitting the proceeds under Section 147.004 of this code.
(c) An offense under Subsection (a) of this section is a felony[0] punishable by imprisonment in the Texas Department of Corrections for not less than two years nor more than four years.
(d) An offense under Subsection (b) of this section is a misdemeanor punishable by: |
(1) a fine of not more than $1,000; and
(2) confinement in county jail for not more than one year. |
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CHAPTER 149. SALE OF HORSEMEAT FOR HUMAN CONSUMPTION
149.002. SALE OR POSSESSION OF HORSEMEAT
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| (a) A person commits an offense if: |
(1) the person sells, offers for sale, or exhibits for sale horsemeat as food for human consumption; or
(2) the person possesses horsemeat with the intent to sell the horsemeat as food for human consumption. |
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| 149.003. TRANSFER OF HORSEMEAT |
(a) A person commits an offense if the person:
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(1) transfers horsemeat to a person who intends to sell the horsemeat, offer or exhibit it for sale, or possess it for sale as food for human consumption; and
(2) knows or in the exercise of reasonable discretion should know that the person receiving the horsemeat intends to sell the horsemeat, offer or exhibit it for sale, or possess it for sale as food for human consumption. |
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| 149.005. PENALTY |
| (a) An offense under this chapter is punishable by: |
(1) a fine of not more than $1,000;
(2) confinement in jail for not less than 30 days nor more than two years; or
(3) both the fine and confinement. |
| (b) A second or subsequent offense under this chapter is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for not less than two years nor more than five years. |
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| 161.141. MOVEMENT IN VIOLATION OF QUARANTINE |
(a) A person commits an offense if the person violates Section 161.065(a)(1) or (a)(2) of this code or, as owner or caretaker of the livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl, the person permits movement in violation of Section 161.065(a)(1) or (a)(2) of this code. Except as provided by Subsection (c) or (d) of this section, an offense under this subsection is a Class C misdemeanor for each animal moved in violation of the quarantine unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
(b) A person commits an offense if the person violates Section 161.065(a)(3) of this code or, as owner or caretaker of the commodities or animals, the person permits movement in violation of Section 161.065(a)(3) of this code. Except as provided by Subsection (c) or
(c) An offense under Subsection (a) or (b) of this section for violating a quarantine established in relation to foot-and-mouth disease is a Class A misdemeanor.
(d) of this section, an offense under this subsection is a Class C misdemeanor for each animal or shipment of commodities moved in violation of the quarantine unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
(e) A second or subsequent offense under Subsection (c) of this section is a felony[0] punishable by: |
(1) imprisonment in the Texas Department of Corrections for not less than two years nor more than five years; and
(2) a fine of not more than $10,000. |
| (f) A person commits a separate offense for each county into which livestock, domestic animals, domestic fowl, disease carriers, or potential disease carriers are moved within six months following the original movement in violation of Section 161.065 of this code. |
