By: Haywood S.B. No. 1589
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the attachment and amount of certain agricultural
1-2 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 in subsection (c) below, a [A] person
1-8 holding a lien under this subchapter on property other than a motor
1-9 vehicle subject to the Certificate of Title Act, as amended
1-10 (Article 6687-1, Vernon's Texas Civil Statutes), who retains
1-11 possession of the property for 60 days after the day that the
1-12 charges accrue shall request the owner to pay the unpaid charges
1-13 due if the owner's residence is in this state and known. If the
1-14 charges are not paid before the 11th day after the day of the
1-15 request, the lienholder may, after 20 days' notice, sell the
1-16 property at a public sale, or if the lien is on a garment, at a
1-17 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 lienholder may sell
1-21 the property without notice at a public sale after the 60th day
2-1 after the day that the unpaid charges accrued.
2-2 (c) A person holding a lien on animal(s) provided under
2-3 Section 70.003(a) may enforce that lien under any procedure
2-4 authorized by Section 9.504 of the Texas Business and Commerce
2-5 Code.
2-6 (d) [(c)] The lienholder shall apply the proceeds of a sale
2-7 under this section to the charges. If the lien is on a garment,
2-8 the lienholder shall apply the proceeds to the charges and the
2-9 reasonable costs of holding the sale. The lienholder shall pay
2-10 excess proceeds to the person entitled to them.
2-11 SECTION 2. This Act takes effect September 1, 1997.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.