Texas 2017 - 85th Regular

Texas House Bill HB3154 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7561 TSR-F
2	2	By: Smithee H.B. No. 3154
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creation, attachment, perfection, and enforcement of
8	8	certain liens in the slaughtering of livestock.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 148.026, Agriculture Code, is amended by
11	11	amending Subsection (b) and adding Subsection (c) to read as
12	12	follows:
13	13	(b) Notwithstanding Chapter 9, Business & Commerce Code, or
14	14	any other law, a [A] lien under this section is attached and
15	15	perfected on delivery of the livestock to the purchaser without
16	16	further action, including the filing of a financial statement. The
17	17	lien continues as to the animal, its carcass, its products, and the
18	18	proceeds of any sale without regard to possession by the party
19	19	entitled to the lien.
20	20	(c) A provision of this section that relates to the
21	21	creation, attachment, perfection, or enforcement of a lien controls
22	22	to the extent of a conflict with Chapter 9, Business & Commerce
23	23	Code, or other applicable law.
24	24	SECTION 2. The heading to Section 148.026, Agriculture
25	25	Code, is amended to read as follows:
26	26	Sec. 148.026. SELLER'S LIEN.
27	27	SECTION 3. Section 148.027(a), Agriculture Code, is amended
28	28	to read as follows:
29	29	(a) If an animal, its carcass, or its products is under a
30	30	lien under Section 148.026 and is commingled with other livestock,
31	31	carcasses, or products so that the identity is lost, the lien
32	32	extends to all of the commingled animals, carcasses, or products as
33	33	if the lien had been perfected originally in all of them.
34	34	SECTION 4. Section 148.028, Agriculture Code, is amended to
35	35	read as follows:
36	36	Sec. 148.028. PRIORITY OF SELLER'S LIEN. (a) Except as
37	37	provided by Subsection (b), a [A] lien under Section 148.026 [this
38	38	subchapter] has priority over any other lien or perfected security
39	39	interest in the animal, its carcass, its products, or proceeds from
40	40	the sale of the animal, its carcass, or its products.
41	41	(b) A lien under Section 148.031 on an animal, its carcass,
42	42	its products, or any proceeds from the disposition of the animal,
43	43	its carcass, or its products has priority over a lien under Section
44	44	148.026.
45	45	SECTION 5. Subchapter C, Chapter 148, Agriculture Code, is
46	46	amended by adding Section 148.031 to read as follows:
47	47	Sec. 148.031. TERMINAL LIVESTOCK FEEDING FACILITY LIEN.
48	48	(a) In this section, "terminal livestock feeding facility" means a
49	49	facility that provides feeding and care to livestock that are left
50	50	with the facility for preparation for slaughter.
51	51	(b) To secure the payment of the charges for the services
52	52	provided by a terminal livestock feeding facility, the facility has
53	53	a lien on:
54	54	(1) each animal left with the facility;
55	55	(2) the products from each animal; and
56	56	(3) all proceeds from the disposition of each animal,
57	57	its carcass, or its products.
58	58	(c) A lien under this section secures the amount of charges
59	59	due under an agreement or, if an amount is not specified by
60	60	agreement, the reasonable and usual compensation for services that
61	61	are similar to the services provided by the terminal livestock
62	62	feeding facility.
63	63	(d) Notwithstanding Chapter 9, Business & Commerce Code, or
64	64	any other law, a lien under this section attaches on the date on
65	65	which a terminal livestock feeding facility first provides feed and
66	66	care to an animal left with the facility and is perfected on
67	67	attachment and remains perfected without further action by the
68	68	facility, including the filing of a financial statement. Until the
69	69	lien is satisfied, the lien continues as to the animal, its carcass,
70	70	its products, and any proceeds from the disposition of the animal,
71	71	its carcass, or its products regardless of whether the facility
72	72	retains possession of the animal.
73	73	(e) A lien under this section has priority over any other
74	74	lien or perfected security interest in an animal, its carcass, its
75	75	products, or any proceeds from the disposition of the animal, its
76	76	carcass, or its products, regardless of whether the lien under this
77	77	section was created or perfected after the date on which another
78	78	lien was created or perfected.
79	79	(f) A person who acquires an interest in an animal, its
80	80	carcass, its products, or any proceeds from the disposition of the
81	81	animal, its carcass, or its products subject to a lien under this
82	82	section shall pay to the terminal livestock feeding facility the
83	83	amount of the charges secured by the lien.
84	84	(g) A terminal livestock feeding facility holding a lien
85	85	under this section may enforce that lien in any manner authorized by
86	86	Chapter 9, Business & Commerce Code, and may recover:
87	87	(1) the reasonable costs of collection and
88	88	enforcement; and
89	89	(2) the reasonable attorney's fees and legal expenses
90	90	incurred by the facility.
91	91	(h) A provision of this section that relates to the
92	92	creation, attachment, perfection, or enforcement of a lien controls
93	93	to the extent of a conflict with Chapter 9, Business & Commerce
94	94	Code, or other applicable law.
95	95	SECTION 6. This Act takes effect September 1, 2017.