1-1 By: Duncan S.B. No. 1639
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 16, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 0; April 16, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Duncan
1-7 Amend S.B. No. 1639 by making the following changes:
1-8 (1) On page 1, line 39, after the word "owner" insert ", and
1-9 any other person having a lien on the cotton who has given actual
1-10 notice of that lien to the lienholder under this subsection,"
1-11 (2) On page 1, line 42, strike the words "at a public sale"
1-12 and replace with, "under any procedure authorized by Section 9.504,
1-13 Business & Commerce Code"
1-14 (3) On page 1, line 47, strike the word "property" and
1-15 replace with "cotton"
1-16 (4) On page 1, line 47, strike the word "public" and replace
1-17 with "commercially reasonable"
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to a lien for the processing or harvesting of cotton.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. The heading of Section 70.003, Property Code, is
1-23 amended to read as follows:
1-24 Sec. 70.003. STABLE KEEPER'S, GARAGEMAN'S, [AND] PASTURER'S,
1-25 AND COTTON GINNER'S LIENS.
1-26 SECTION 2. Section 70.003, Property Code, is amended by
1-27 adding Subsection (d) to read as follows:
1-28 (d) A cotton ginner to whom a cotton crop has been delivered
1-29 for processing or who, under an agreement, is to be paid for
1-30 harvesting a cotton crop has a lien on the cotton processed or
1-31 harvested for the amount of the charges for the processing or
1-32 harvesting. The lienholder is entitled to retain possession of the
1-33 cotton until the amount of the charge due under an agreement is
1-34 paid or, if an amount is not specified by agreement, the reasonable
1-35 and usual compensation is paid. If the cotton owner's address is
1-36 known and the amount of the charge is not paid before the 31st day
1-37 after the date the cotton ginner's work is completed or the date
1-38 payment is due under a written agreement, whichever is later, the
1-39 lienholder shall request the owner to pay the unpaid charge due and
1-40 shall notify the owner of the fact that unless payment is made not
1-41 later than the 15th day after the date the notice is received, the
1-42 lienholder is entitled to sell the cotton at a public sale. If the
1-43 cotton owner's address is not known and the amount of the charge is
1-44 not paid before the 61st day after the date the cotton ginner's
1-45 work is completed or the date payment is due under a written
1-46 agreement, whichever is later, the lienholder is entitled to sell
1-47 the property without notice at a public sale. The proceeds of a
1-48 sale under this subsection shall be applied first to charges due
1-49 under this subsection, and any remainder shall be paid in
1-50 appropriate proportion to:
1-51 (1) any other person having a lien on the cotton who
1-52 has given actual notice of that lien to the lienholder under this
1-53 subsection; and
1-54 (2) the cotton owner.
1-55 SECTION 3. The heading of Section 70.005, Property Code, is
1-56 amended to read as follows:
1-57 Sec. 70.005. SALE OF PROPERTY [OTHER THAN MOTOR VEHICLE].
1-58 SECTION 4. Subsection (a), Section 70.005, Property Code, is
1-59 amended to read as follows:
1-60 (a) A person holding a lien under this subchapter on
1-61 property other than a motor vehicle subject to Chapter 501,
1-62 Transportation Code [the Certificate of Title Act, as amended
1-63 (Article 6687-1, Vernon's Texas Civil Statutes)], or cotton under
1-64 Section 70.003(d), who retains possession of the property for 60
2-1 days after the day that the charges accrue shall request the owner
2-2 to pay the unpaid charges due if the owner's residence is in this
2-3 state and known. If the charges are not paid before the 11th day
2-4 after the day of the request, the lienholder may, after 20 days'
2-5 notice, sell the property at a public sale, or if the lien is on a
2-6 garment, at a public or private sale.
2-7 SECTION 5. Subsection (d), Section 70.003, Property Code, as
2-8 added by this Act, applies only to an amount that becomes due for
2-9 processing or harvesting of cotton on or after the effective date
2-10 of this Act.
2-11 SECTION 6. This Act takes effect September 1, 1997.
2-12 SECTION 7. 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.
2-17 * * * * *