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