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.