1-1                                   AN ACT

 1-2     relating to the enforcement of certain liens.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 70.005, Property Code, is amended to read

 1-5     as follows:

 1-6           Sec. 70.005.  SALE OF PROPERTY OTHER THAN MOTOR VEHICLE.

 1-7     (a)  Except as provided by Subsection (c), a [A] person holding a

 1-8     lien under this  subchapter on property other than a motor vehicle

 1-9     subject to Chapter 501, Transportation Code [the Certificate of

1-10     Title Act, as amended (Article 6687-1, Vernon's Texas Civil

1-11     Statutes)], who retains possession of the property for 60 days

1-12     after the day that the charges accrue shall request the owner to

1-13     pay the unpaid charges due if the owner's residence is in this

1-14     state and known.  If the charges are not paid before the 11th day

1-15     after the day of the request, the lienholder may, after 20 days'

1-16     notice, sell the property at a public sale, or if the lien is on a

1-17     garment, at a public or private sale.

1-18           (b)  Except as provided by Subsection (c), if [If] the

1-19     residence of the owner of property subject to sale under this

1-20     section is not in this state or not known, the lienholder may sell

1-21     the property without notice at a public sale after the 60th day

1-22     after the day that the unpaid charges accrued.

1-23           (c)  A person holding a lien under Section 70.003(a) on an

1-24     animal fed in confinement for slaughter may enforce that lien in

 2-1     any manner authorized by  Section 9.504, Business & Commerce Code.

 2-2           (d)  The lienholder shall apply the proceeds of a sale under

 2-3     this section to the charges.  If the lien is on a garment, the

 2-4     lienholder shall apply the proceeds to the charges and the

 2-5     reasonable costs of holding the sale.  The lienholder shall pay

 2-6     excess proceeds to the person entitled to them.

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

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2602 was passed by the House on April

         11, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2602 was passed by the Senate on May

         12, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor