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.