Sec. 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 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Structure Texas Statutes
Title 7 - Receipts, Documents of Title, and Other Instruments
Chapter 251 - Warehouse Receipts
Section 251.002. Warehouseman Issuing Fraudulent Warehouse Receipt
Section 251.003. Warehouseman Failing to State Warehouseman's Ownership of Goods on Receipt
Section 251.004. Warehouseman Issuing Warehouse Receipt Without Control of Goods
Section 251.005. Warehouseman Issuing Duplicate or Additional Warehouse Receipt
Section 251.006. Warehouseman Wrongfully Delivering Goods
Section 251.007. Failure to Disclose Lack of Ownership of Goods
Section 251.008. Failure to Disclose Existence of Lien on Goods