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Texas Agriculture Code - AGRIC § 41.208. Initiation of Claim

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A grain producer who has delivered grain to a grain buyer may initiate a claim with the board as provided by board rule if:

(1) the grain buyer has suffered a financial failure and:

(A) has failed to pay to a grain producer an amount owed to the grain producer;  or

(B) is unable to deliver to the grain producer grain held by the grain buyer for the grain producer as a bailment;  and

(2) the grain producer provides to the board:

(A) written documentation showing that the grain was delivered to the grain buyer;  and

(B) a copy of the written contract for purchase of the grain signed by the grain producer and the grain buyer and showing:

(i) the agreed price for the grain;

(ii) the amount of grain purchased;  and

(iii) any other relevant term required by the board to establish facts related to the claim.

(b) A claim under this section must:

(1) be initiated:

(A) not more than 60 days after the applicable claim initiation date;  or

(B) before a date determined by the board to be reasonable, if the board determines such a date;  and

(2) be for a loss of grain delivered to the grain buyer not more than one year before the applicable claim initiation date.

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Cite this article: FindLaw.com - Texas Agriculture Code - AGRIC § 41.208. Initiation of Claim - last updated January 01, 2024 | https://codes.findlaw.com/tx/agriculture-code/agric-sect-41-208/

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