Texas 2017 - 85th Regular

Texas House Bill HB3154

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to creation, attachment, perfection, and enforcement of certain liens in the slaughtering of livestock.

Impact

The effect of this bill, if enacted, would be significant for Texas livestock operators, particularly those involved in commercial slaughtering and processing. By enabling sellers to establish a lien automatically at the point of delivery, it enhances their legal protections against potential defaults by buyers or changes in ownership. This is especially relevant in situations where livestock may be moved quickly through various ownership structures, ensuring that sellers can still claim their rights to payment and recover costs associated with the care and maintenance of the livestock. However, the new regulations could also raise concerns about prioritization, as the bill establishes that the liens have precedence over other security interests, potentially complicating the legal landscape for lenders and other stakeholders in the agricultural finance sector.

Summary

House Bill 3154 seeks to amend the Agriculture Code in Texas by establishing clearer regulations regarding the creation, attachment, perfection, and enforcement of liens in the context of slaughtering livestock. This legislation is intended to simplify the process by which liens can be placed on livestock and the products derived from them, which can be a critical issue for those operating within the agricultural sector. Specifically, the bill lays out provisions for the automatic attachment of liens upon the delivery of livestock to purchasers, negating the need for additional actions like filing financial statements. This provision is aimed at reinforcing the seller's rights to the animals and their products throughout the transaction process.

Contention

One notable point of contention surrounding HB 3154 is the priority it gives to the seller's lien over other liens on the livestock, which may lead to disputes regarding property rights and financial claims. Stakeholders in the agricultural community may appreciate the increased security for sellers, but there could be opposition from lenders or entities holding other interests in the livestock or related assets, who may feel disadvantaged by the sweeping nature of these lien provisions. Furthermore, while the bill aims to streamline processes, concerns about the potential elimination of certain consumer protections and transparency within livestock transactions may arise, warranting debate among legislators.

Companion Bills

No companion bills found.

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