Section 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.Tex. Agric. Code § 14.074
Renumbered from Sec. 14.030 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. 9/1/2001.