75R6382 SKB-F
By Swinford H.B. No. 963
Substitute the following for H.B. No. 963:
By Swinford C.S.H.B. No. 963
A BILL TO BE ENTITLED
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 are furnished to the lien debtor.
1-12 A lien that has attached under this section is removed if the lien
1-13 claimant does not satisfy the notice and filing requirements of
1-14 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
1-24 lien is filed with the secretary of state as provided by this
2-1 chapter [attaches]; and
2-2 (B) agricultural seeds[, labor, or both, as
2-3 appropriate,] furnished within the 180-day [45-day] period
2-4 immediately preceding [ending on] the day the notice of claim of
2-5 lien is filed with the secretary of state as provided by this
2-6 chapter [attaches]; and
2-7 (2) the filing fees for the lien as provided by this
2-8 chapter.
2-9 SECTION 3. Section 128.009(b), Agriculture Code, is amended
2-10 to read as follows:
2-11 (b) A claimant may not file a notice of claim of lien if the
2-12 [arbitration of a dispute between the claimant and the debtor is
2-13 pending or has not been resolved under Chapter 64. A claimant may
2-14 not file a notice of claim of lien if the] settlement of a dispute
2-15 between the claimant and the debtor has been submitted to the
2-16 department and is pending [or has not been resolved under Section
2-17 128.012].
2-18 SECTION 4. Section 188.007, Agriculture Code, is amended to
2-19 read as follows:
2-20 Sec. 188.007. ATTACHMENT OF LIEN. (a) A lien established
2-21 under this chapter attaches to the proceeds described by Section
2-22 188.002.
2-23 (b) A lien established under this chapter attaches on the
2-24 first day that animal feed is furnished to the lien debtor. A lien
2-25 that has attached under this section is removed if the lien
2-26 claimant does not satisfy the notice and filing requirements of
2-27 this chapter.
3-1 SECTION 5. Section 188.008, Agriculture Code, is amended to
3-2 read as follows:
3-3 Sec. 188.008. AMOUNT OF LIEN. The amount of a lien under
3-4 this chapter is equal to the sum of:
3-5 (1) the amount of the unpaid reasonable or agreed
3-6 charges for animal feed furnished within the 180-day [45-day]
3-7 period immediately preceding [ending on] the day the notice of
3-8 claim of lien is filed with the secretary of state as provided by
3-9 this chapter [attaches]; and
3-10 (2) the filing fees for the lien as provided by this
3-11 chapter.
3-12 SECTION 6. Section 188.009(b), Agriculture Code, is amended
3-13 to read as follows:
3-14 (b) The claimant may not file a notice of claim of lien if
3-15 the settlement of a dispute between the claimant and the debtor has
3-16 been submitted to the department and is pending [or has not been
3-17 resolved under Section 188.012].
3-18 SECTION 7. This Act takes effect September 1, 1997, and
3-19 applies only to a lien attached on or after that date.
3-20 SECTION 8. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.