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.