Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Swinford                                     H.B. No. 2602

                                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 70.005, Property Code, is amended to read

 1-6     as follows:

 1-7           Sec. 70.005.  Sale of Property Other Than Motor Vehicle.

 1-8     (a)  Except as provided in subsection (c) below, a [A] person holding

 1-9     a lien under this subchapter on property other than a motor vehicle

1-10     subject to the Certificate of Title Act, as amended (Article

1-11     6687-1, Vernon's Texas Civil Statutes), who retains possession of

1-12     the property for 60 days after the day that the charges accrue

1-13     shall request the owner to pay the unpaid charges due if the

1-14     owner's residence is in this state and known.  If the charges are

1-15     not paid before the 11th day after the day of the request, the lien

1-16     holder may, after 20 days notice, sell the property at a public

1-17     sale, or if the lien is on a garment, at a public or private sale.

1-18           (b)  Except as provided in subsection (c) below, 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 lien holder 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 on animal(s) provided under

1-24     section 70.003(a) may enforce that lien under any procedure

 2-1     authorized by section 9.504 of the Texas Business and Commerce

 2-2     Code.

 2-3           (d) [(c)]  The lienholder shall apply the proceeds of a sale

 2-4     under this section to the charges.  If the lien is on a garment,

 2-5     the lienholder shall apply the proceeds to the charges and the

 2-6     reasonable costs of holding the sale.  The lienholder shall pay

 2-7     excess proceeds to the person entitled to them.

 2-8           SECTION 2.  This Act takes effect September 1, 1997.

 2-9           SECTION 3.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.