Law:Title 7. Receipts, Documents Of Title, And Other Instruments (Texas)

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Chapter 251. Warehouse Receipts

Section 251.001.  Definitions.

In this chapter:

(1)  "Goods" means all things treated as movable for purposes of a contract of storage or transportation.

(2)  "Issue" includes aiding in the issuance of a warehouse receipt.

(3)  "Warehouse receipt" means a receipt issued by a warehouseman.

(4)  "Warehouseman" means a person engaged in the business of storing goods for hire.  The term includes an officer, agent, or employee of a warehouseman.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 251.002.  Warehouseman Issuing Fraudulent Warehouse Receipt.

(a) A warehouseman may not, with intent to defraud, issue a warehouse receipt that contains a false statement.

(b)  A warehouseman who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:

(1)  confinement in the county jail for a term of not more than one year;

(2)  a fine not to exceed $1,000; or

(3)  both the fine and confinement.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 251.003.  Warehouseman Failing To State Warehouseman's Ownership Of Goods On Receipt.

(a) A warehouseman may not knowingly issue a negotiable warehouse receipt describing goods the warehouseman owns, whether solely, jointly, or in common, and is storing, unless the warehouseman states the warehouseman's ownership of the goods on the receipt.

(b)  A warehouseman who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:

(1)  confinement in the county jail for a term of not more than one year; or

(2)  a fine not to exceed $1,000.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 251.004.  Warehouseman Issuing Warehouse Receipt Without Control Of Goods.

(a) A warehouseman may not issue a warehouse receipt for goods if the warehouseman knows at the time of issuance that the goods described in the receipt are not under the warehouseman's control.

(b)  A warehouseman who violates this section commits an offense.  An offense under this section is a felony punishable by:

(1)  imprisonment in the Texas Department of Criminal Justice for a term of not more than five years;

(2)  a fine not to exceed $5,000; or

(3)  both the fine and imprisonment.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 251.005.  Warehouseman Issuing Duplicate Or Additional Warehouse Receipt.

(a) A warehouseman may not issue a duplicate or additional negotiable warehouse receipt for goods if the warehouseman knows at the time of issuance that a previously issued negotiable warehouse receipt describing the goods is outstanding and uncanceled.

(b)  This section does not apply if:

(1)  the word "duplicate" is plainly placed on the duplicate or additional negotiable warehouse receipt; or

(2)  goods described in the outstanding and uncanceled negotiable warehouse receipt were delivered under a court order on proof that the receipt was lost or destroyed.

(c)  A warehouseman who violates this section commits an offense.  An offense under this section is a felony punishable by:

(1)  imprisonment in the Texas Department of Criminal Justice for a term of not more than five years;

(2)  a fine not to exceed $5,000; or

(3)  both the fine and imprisonment.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 251.006.  Warehouseman Wrongfully Delivering Goods.

(a) A warehouseman may not knowingly deliver goods that are described in a negotiable warehouse receipt and stored with the warehouseman, unless the receipt is surrendered to the warehouseman at or before the time the warehouseman delivers the goods.

(b)  This section does not apply if the goods are:

(1)  delivered under a court order on proof that the negotiable warehouse receipt describing the goods was lost or destroyed;

(2)  lawfully sold to satisfy a warehouseman's lien; or

(3)  disposed of because of the perishable or hazardous nature of the goods.

(c)  A warehouseman who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:

(1)  confinement in the county jail for a term of not more than one year;

(2)  a fine not to exceed $1,000; or

(3)  both the fine and confinement.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 251.007.  Failure To Disclose Lack Of Ownership Of Goods.

(a) A person who obtains a negotiable warehouse receipt describing goods the person does not own may not, with intent to defraud, negotiate the receipt for value without disclosing the person's lack of ownership.

(b)  A person who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:

(1)  confinement in the county jail for a term of not more than one year;

(2)  a fine not to exceed $1,000; or

(3)  both the fine and confinement.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 251.008.  Failure To Disclose Existence Of Lien On Goods.

(a) A person who obtains a negotiable warehouse receipt describing goods subject to a lien may not, with intent to defraud, negotiate the receipt for value without disclosing the lien's existence.

(b)  A person who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:

(1)  confinement in the county jail for a term of not more than one year;

(2)  a fine not to exceed $1,000; or

(3)  both the fine and confinement.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.

Chapter 252. Bills Of Lading

Section 252.001.  Definitions.

In this chapter:

(1)  "Agent" includes an officer, employee, or receiver.

(2)  "Bill of lading" means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods.  The term includes an air consignment note, air waybill, or other document for air transportation comparable to a bill of lading for marine or rail transportation.

(3)  "Goods" means all things treated as movable for purposes of a contract of storage or transportation.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 252.002.  Duties Of Railroad Commission.

(a) In this section, "common carrier" does not include a pipeline company or express company.

(b)  The Railroad Commission of Texas shall:

(1)  prescribe forms, terms, and conditions for authenticating, certifying, or validating bills of lading issued by a common carrier;

(2)  regulate the manner by which a common carrier issues bills of lading; and

(3)  take other action necessary to carry out the purposes of Chapter 7.

(c)  After giving reasonable notice to interested common carriers and to the public, the railroad commission may amend a rule adopted under Subsection (b).

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 252.003.  Agent Wrongfully Failing Or Refusing To Issue Bill Of Lading.

(a) In this section, "common carrier" does not include a pipeline company or express company.

(b)  An agent of a common carrier may not after lawful demand fail or refuse to issue a bill of lading in accordance with Chapter 7 or a rule of the railroad commission.

(c)  An agent who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by:

(1)  confinement in the county jail for a term of not more than six months;

(2)  a fine not to exceed $200; or

(3)  both the fine and confinement.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 252.004.  Agent Issuing Fraudulent Bill Of Lading.

(a) In this section, "common carrier" does not include a pipeline company or express company.

(b)  An agent of a common carrier may not with intent to defraud a person:

(1)  issue a bill of lading;

(2)  incorrectly describe goods or the quantity of goods in a bill of lading; or

(3)  issue a bill of lading without authority.

(c)  An agent who violates this section commits an offense.  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for a term of not more than 10 years or less than two years.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 252.005.  Agent Issuing Order Bill Of Lading In Duplicate Or Set Of Parts.

(a) Except where customary in overseas transportation, an agent of a common carrier may not knowingly issue or aid in issuing an order bill of lading in duplicate or in a set of parts.

(b)  An agent who violates this section commits an offense.  An offense under this section is a felony punishable by:

(1)  imprisonment in the Texas Department of Criminal Justice for a term of not more than five years; and

(2)  a fine not to exceed $5,000.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 252.006.  Fraudulently Inducing Issuance Of Bill Of Lading.

(a) A person may not, with intent to defraud, induce an agent of a common carrier to:

(1)  issue to the person a bill of lading; or

(2)  materially misrepresent in a bill of lading issued on behalf of the common carrier the quantity of goods described in the bill of lading.

(b)  A person who violates this section commits an offense.  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for a term of not more than five years or less than two years.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.



Section 252.007.  Fraudulently Negotiating Or Transferring Bill Of Lading.

(a) A person may not, with intent to defraud, negotiate or transfer a bill of lading that:

(1)  is issued in violation of Chapter 7; or

(2)  contains a false, material statement of fact.

(b)  A person who violates this section commits an offense.  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for a term of not more than 10 years.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.


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