1-1     By:  Swinford (Senate Sponsor - Haywood)              H.B. No. 2602

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on

 1-4     Natural Resources; May 1, 1997, reported favorably by the following

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

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the enforcement of certain liens.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 70.005, Property Code, is amended to read

1-11     as follows:

1-12           Sec. 70.005.  SALE OF PROPERTY OTHER THAN MOTOR VEHICLE.

1-13     (a)  Except as provided by Subsection (c), a [A] person holding a

1-14     lien under this  subchapter on property other than a motor vehicle

1-15     subject to Chapter 501, Transportation Code [the Certificate of

1-16     Title Act, as amended (Article 6687-1, Vernon's Texas Civil

1-17     Statutes)], who retains possession of the property for 60 days

1-18     after the day that the charges accrue shall request the owner to

1-19     pay the unpaid charges due if the owner's residence is in this

1-20     state and known.  If the charges are not paid before the 11th day

1-21     after the day of the request, the lienholder may, after 20 days'

1-22     notice, sell the property at a public sale, or if the lien is on a

1-23     garment, at a public or private sale.

1-24           (b)  Except as provided by Subsection (c), if [If] the

1-25     residence of the owner of property subject to sale under this

1-26     section is not in this state or not known, the lienholder may sell

1-27     the property without notice at a public sale after the 60th day

1-28     after the day that the unpaid charges accrued.

1-29           (c)  A person holding a lien under Section 70.003(a) on an

1-30     animal fed in confinement for slaughter may enforce that lien in

1-31     any manner authorized by  Section 9.504, Business & Commerce Code.

1-32           (d)  The lienholder shall apply the proceeds of a sale under

1-33     this section to the charges.  If the lien is on a garment, the

1-34     lienholder shall apply the proceeds to the charges and the

1-35     reasonable costs of holding the sale.  The lienholder shall pay

1-36     excess proceeds to the person entitled to them.

1-37           SECTION 2.  This Act takes effect September 1, 1997.

1-38           SECTION 3.  The importance of this legislation and the

1-39     crowded condition of the calendars in both houses create an

1-40     emergency and an imperative public necessity that the

1-41     constitutional rule requiring bills to be read on three several

1-42     days in each house be suspended, and this rule is hereby suspended.

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