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 * * * * *