Texas Agriculture Code - Section 72.043. Lien
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§ 72.043. LIEN. (a) For the purpose of securing the
payment of fees under Section 72.042 of this code, the department
has a lien on all citrus fruit growing or standing on premises
declared by the court to be a public nuisance. The department may
enforce the lien in the manner provided by either Subsection (b) or
(c) of this section.
(b) If no receiver has been appointed, the department may
enforce the lien by selling at public sale to the highest bidder any
fruit subject to the lien. The sale shall be conducted at the
courthouse door. If a receiver has been appointed, the receiver
shall conduct the sale. Proceeds of the sale in excess of the
amount owed to the department shall be paid to the owner of the
premises or to the county treasurer subject to the order of the
owner.
(c) The department may fix the lien by filing the lien, a
sworn statement of the indebtedness, and a description of the
property subject to the lien with the county clerk of the county in
which the premises are located. The lien must be filed before the
31st day following the last day of action by the department under
Section 72.042(g) of this code. Within 24 months after filing the
lien, the department shall file suit in a court of competent
jurisdiction for collection of the account and foreclosure of the
lien. Neither the department nor any person to whom the account is
assigned may be required to post a cost bond in that suit. The court
shall enter judgment for the debt with interest and costs of suit
and foreclosing the lien on premises as the court determines
necessary for defraying expenses, court costs, and the fees owed.
(d) In an action under Subsection (c) of this section, the
department may file a separate statement and separate suit covering
each necessary action of the department to enforce compliance or
may wait until a number accrue and file one statement and one suit
covering all necessary actions.
(e) A peace officer authorized by law to serve in the area in
which the lien is enforced may perform the functions of the
department under this section.
Acts 1981, 67th Leg., p. 1169, ch. 388, § 1, eff. Sept. 1, 1981.
Section: 72.022 72.023 72.024 72.025 72.026 72.041 72.042 72.043 72.044 72.045 72.046 72.061 72.062 72.063 72.064
Last modified: August 10, 2007
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