HBA-JRA H.B. 3149 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3149 By: Hardcastle Agriculture & Livestock 4/7/1999 Introduced BACKGROUND AND PURPOSE Professionals in agricultural chemical and seed industries are sometimes left unpaid for services rendered to farmers after a crop is harvested for which a primary lien exists, as a farmer is allowed to obtain additional financing which also takes priority over the secondary lien imposed by such support industries. H.B. 3149 provides that a secondary lien takes priority over additional liens after payment of the primary lien. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 128.002, Agriculture Code, by adding Subsection (b), as follows: (b) Provides that, to the extent proceeds under Subsection (a) (from the sale of certain crops of a lien debtor) are insufficient to pay the entire amount of a lien secured under this chapter (Agricultural Chemical and Seed Liens), proceeds also include the amounts received by a lien debtor, before a deduction for taxes, fees, or assessments or a deduction made under a court order, from the sale of the debtor's next crop on the same land after the crop to which the lien applies. Provides that a lien on the proceeds described by this subsection is considered to attach at the time the lien attached to the proceeds described by Subsection (a). Redesignates existing Subsection (b) to Subsection (c). SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.