1-1 AN ACT
1-2 relating to the attachment and amount of certain agricultural
1-3 liens.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 128.007, Agriculture Code, is amended to
1-6 read as follows:
1-7 Sec. 128.007. ATTACHMENT OF LIEN. (a) A lien established
1-8 under this chapter attaches to the proceeds described by Section
1-9 128.002.
1-10 (b) A lien established under this chapter attaches on the
1-11 first day agricultural chemicals, labor, or both are furnished to
1-12 the lien debtor. A lien that has attached under this section is
1-13 removed if the lien claimant does not satisfy the notice and filing
1-14 requirements of this chapter.
1-15 SECTION 2. Section 128.008, Agriculture Code, is amended to
1-16 read as follows:
1-17 Sec. 128.008. AMOUNT OF LIEN. The amount of a lien under
1-18 this chapter is equal to the sum of:
1-19 (1) the amount of the unpaid reasonable or agreed
1-20 charges for:
1-21 (A) agricultural chemicals, labor, or both, as
1-22 appropriate, furnished within the 180-day [60-day] period
1-23 immediately preceding [ending on] the day the notice of claim of
2-1 lien is filed with the secretary of state as provided by this
2-2 chapter [attaches]; and
2-3 (B) agricultural seeds, labor, or both, as
2-4 appropriate, furnished within the 180-day [45-day] period
2-5 immediately preceding [ending on] the day the notice of claim of
2-6 lien is filed with the secretary of state as provided by this
2-7 chapter [attaches]; and
2-8 (2) the filing fees for the lien as provided by this
2-9 chapter.
2-10 SECTION 3. Section 128.009(b), Agriculture Code, is amended
2-11 to read as follows:
2-12 (b) A claimant may not file a notice of claim of lien if the
2-13 [arbitration of a dispute between the claimant and the debtor is
2-14 pending or has not been resolved under Chapter 64. A claimant may
2-15 not file a notice of claim of lien if the] settlement of a dispute
2-16 between the claimant and the debtor has been submitted to the
2-17 department and is pending [or has not been resolved under Section
2-18 128.012].
2-19 SECTION 4. Section 188.007, Agriculture Code, is amended to
2-20 read as follows:
2-21 Sec. 188.007. ATTACHMENT OF LIEN. (a) A lien established
2-22 under this chapter attaches to the proceeds described by Section
2-23 188.002.
2-24 (b) A lien established under this chapter attaches on the
2-25 first day that animal feed is furnished to the lien debtor. A lien
3-1 that has attached under this section is removed if the lien
3-2 claimant does not satisfy the notice and filing requirements of
3-3 this chapter.
3-4 SECTION 5. Section 188.008, Agriculture Code, is amended to
3-5 read as follows:
3-6 Sec. 188.008. AMOUNT OF LIEN. The amount of a lien under
3-7 this chapter is equal to the sum of:
3-8 (1) the amount of the unpaid reasonable or agreed
3-9 charges for animal feed furnished within the 180-day [45-day]
3-10 period immediately preceding [ending on] the day the notice of
3-11 claim of lien is filed with the secretary of state as provided by
3-12 this chapter [attaches]; and
3-13 (2) the filing fees for the lien as provided by this
3-14 chapter.
3-15 SECTION 6. Section 188.009(b), Agriculture Code, is amended
3-16 to read as follows:
3-17 (b) The claimant may not file a notice of claim of lien if
3-18 the settlement of a dispute between the claimant and the debtor has
3-19 been submitted to the department and is pending [or has not been
3-20 resolved under Section 188.012].
3-21 SECTION 7. This Act takes effect September 1, 1997, and
3-22 applies only to a lien attached on or after that date.
3-23 SECTION 8. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 963 was passed by the House on April
3, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 963 on May 14, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 963 was passed by the Senate, with
amendments, on May 12, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor