By Swinford                                      H.B. No. 963

      75R4322 SKB-D                           

                                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 or labor are furnished to the lien

1-12     debtor.  A lien that has attached under this section is removed if

1-13     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 on the date the lien attaches and within the

1-23     180-day [60-day] period immediately following [ending on] the day

1-24     the lien attaches;  and

 2-1                       (B)  agricultural seeds, labor, or both, as

 2-2     appropriate, furnished within the 45-day period ending on the day

 2-3     the lien attaches;  and

 2-4                 (2)  the filing fees for the lien as provided by this

 2-5     chapter.

 2-6           SECTION 3.  Section 188.007, Agriculture Code, is amended to

 2-7     read as follows:

 2-8           Sec. 188.007.  ATTACHMENT OF LIEN.  (a)  A lien established

 2-9     under this chapter attaches to the proceeds described by Section

2-10     188.002.

2-11           (b)  A lien established under this chapter attaches on the

2-12     first day that animal feed or labor is furnished to the lien

2-13     debtor.  A lien that has attached under this section is removed if

2-14     the lien claimant does not satisfy the notice and filing

2-15     requirements of this chapter.

2-16           SECTION 4.  Section 188.008, Agriculture Code, is amended to

2-17     read as follows:

2-18           Sec. 188.008.  AMOUNT OF LIEN.  The amount of a lien under

2-19     this chapter is equal to the sum of:

2-20                 (1)  the amount of the unpaid reasonable or agreed

2-21     charges for animal feed furnished on the date the lien attaches and

2-22     within the 180-day [45-day] period immediately following [ending

2-23     on] the day the lien attaches; and

2-24                 (2)  the filing fees for the lien as provided by this

2-25     chapter.

2-26           SECTION 5.  This Act takes effect September 1, 1997, and

2-27     applies only to a lien attached on or after that date.

 3-1           SECTION 6.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended.