1-1     By:  Swinford (Senate Sponsor - Haywood)               H.B. No. 963

 1-2           (In the Senate - Received from the House April 4, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on Natural

 1-4     Resources; May 1, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 7, Nays 0; May  1, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Haywood

 1-7           Amend House Bill 963 (House Engrossed Version), as follows:

 1-8           On page   , line    of the bill, insert ", labor, or both,"

 1-9     between the words "chemicals" and "are".

1-10                            A BILL TO BE ENTITLED

1-11                                   AN ACT

1-12     relating to the attachment and amount of certain agricultural

1-13     liens.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Section 128.007, Agriculture Code, is amended to

1-16     read as follows:

1-17           Sec. 128.007.  ATTACHMENT OF LIEN.  (a)  A lien established

1-18     under this chapter attaches to the proceeds described by Section

1-19     128.002.

1-20           (b)  A lien established under this chapter attaches on the

1-21     first day agricultural chemicals are furnished to the lien debtor.

1-22     A lien that has attached under this section is removed if the lien

1-23     claimant does not satisfy the notice and filing requirements of

1-24     this chapter.

1-25           SECTION 2.  Section 128.008, Agriculture Code, is amended to

1-26     read as follows:

1-27           Sec. 128.008.  AMOUNT OF LIEN.  The amount of a lien under

1-28     this chapter is equal to the sum of:

1-29                 (1)  the amount of the unpaid reasonable or agreed

1-30     charges for:

1-31                       (A)  agricultural chemicals, labor, or both, as

1-32     appropriate, furnished within the 180-day [60-day] period

1-33     immediately preceding [ending on] the day the notice of claim of

1-34     lien is filed with the secretary of state as provided by this

1-35     chapter [attaches]; and

1-36                       (B)  agricultural seeds, labor, or both, as

1-37     appropriate, furnished within the 180-day [45-day] period

1-38     immediately preceding [ending on] the day the notice of claim of

1-39     lien is filed with the secretary of state as provided by this

1-40     chapter [attaches]; and

1-41                 (2)  the filing fees for the lien as provided by this

1-42     chapter.

1-43           SECTION 3.  Section 128.009(b), Agriculture Code, is amended

1-44     to read as follows:

1-45           (b)  A claimant may not file a notice of claim of lien if the

1-46     [arbitration of a dispute between the claimant and the debtor is

1-47     pending or has not been resolved under Chapter 64.  A claimant may

1-48     not file a notice of claim of lien if the] settlement of a dispute

1-49     between the claimant and the debtor has been submitted to the

1-50     department and is pending [or has not been resolved under Section

1-51     128.012].

1-52           SECTION 4.  Section 188.007, Agriculture Code, is amended to

1-53     read as follows:

1-54           Sec. 188.007.  ATTACHMENT OF LIEN.  (a)  A lien established

1-55     under this chapter attaches to the proceeds described by Section

1-56     188.002.

1-57           (b)  A lien established under this chapter attaches on the

1-58     first day that animal feed is furnished to the lien debtor.  A lien

1-59     that has attached under this section is removed if the lien

1-60     claimant does not satisfy the notice and filing requirements of

1-61     this chapter.

1-62           SECTION 5.  Section 188.008, Agriculture Code, is amended to

1-63     read as follows:

1-64           Sec. 188.008.  AMOUNT OF LIEN.  The amount of a lien under

 2-1     this chapter is equal to the sum of:

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

 2-3     charges for animal feed furnished within the 180-day [45-day]

 2-4     period immediately preceding [ending on] the day the notice of

 2-5     claim of lien is filed with the secretary of state as provided by

 2-6     this chapter [attaches]; and

 2-7                 (2)  the filing fees for the lien as provided by this

 2-8     chapter.

 2-9           SECTION 6.  Section 188.009(b), Agriculture Code, is amended

2-10     to read as follows:

2-11           (b)  The claimant may not file a notice of claim of lien if

2-12     the settlement of a dispute between the claimant and the debtor has

2-13     been submitted to the department and is pending [or has not been

2-14     resolved under Section 188.012].

2-15           SECTION 7.  This Act takes effect September 1, 1997, and

2-16     applies only to a lien attached on or after that date.

2-17           SECTION 8.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.

2-22                                  * * * * *