Texas Agriculture Code Title 5, Chapter 128 - Agricultural Chemical And Seed Liens

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 128.001 - Definitions
  In this chapter: (1) "Agricultural chemical" includes fertilizer material as defined under Section 63.001, pesticides as defined under Section 76.001, plant regulators as defined under...

SUBCHAPTER B AGRICULTURAL CHEMICAL AND SEED LIEN

• Texas Section 128.002 - Proceeds
  (a) For the purposes of this chapter, proceeds are the amounts received by a lien debtor, before a deduction for taxes, fees, or assessments or...
• Texas Section 128.006 - Notice Before Purchase; Required Notice Before Claiming Lien
  (a) A person claiming a lien under this chapter must have provided notice of the provisions of this chapter, before purchase, either generally to purchasers...
• Texas Section 128.007 - Attachment Of Lien
  (a) A lien established under this chapter attaches to the proceeds described by Section 128.002. (b) A lien established under this chapter attaches on the...
• Texas Section 128.008 - Amount Of Lien
  The amount of a lien under this chapter is equal to the sum of: (1) the amount of the unpaid reasonable or agreed charges for:...
• Texas Section 128.009 - Person Entitled To File; Exception
  (a) Except as provided by Subsection (b) or by Section 128.047, a person who provides an agricultural chemical, agricultural seed, or labor may file a...
• Texas Section 128.010 - Perfection Of Lien
  A lien created under this chapter is perfected on the filing of a notice of claim of lien with the secretary of state as provided...
• Texas Section 128.011 - Duration Of Notice Of Claim Of Lien
  (a) Except as otherwise provided by this chapter, the notice of claim of lien is effective, and a new notice of claim of lien is...
• Texas Section 128.012 - Procedures For Settlement Of Disputes
  (a) The commissioner of agriculture by rule shall establish a procedure to settle a dispute between a claimant supplying agricultural chemicals or labor in the...
• Texas Section 128.013 - Contents Of Notice Of Claim Of Lien
  The notice of claim of lien must include: (1) the name and address of the lien claimant; (2) the name and address of the lien...
• Texas Section 128.014 - Signature
  The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind...
• Texas Section 128.015 - Form
  (a) The notice of claim of lien must be filed on a form that satisfies the requirements of a financing statement under Sections 9.502-9.504, Business...
• Texas Section 128.016 - Filing And Marking In Office Of Secretary Of State; Fee
  (a) The notice of claim of lien shall be filed and marked in the office of the secretary of state in the same manner as...
• Texas Section 128.017 - Time Of Written Notice
  The lien claimant shall provide written notice of the claim of lien to the lien debtor not later than the 10th day after the date...

SUBCHAPTER C PRIORITY OF LIEN

• Texas Section 128.018 - Recognition Of Notice As Financing Statement
  The secretary of state shall recognize a notice of claim of lien under this subchapter as a financing statement under Subchapter E, Chapter 9, Business...

SUBCHAPTER D INFORMATION CONCERNING LIEN

• Texas Section 128.026 - Time Of Filing
  (a) A lien created under this chapter has the same priority as a security interest perfected by the filing of a financing statement on the...
• Texas Section 128.031 - Issuance Of Certificate To Member Of Public; Fee
  (a) A person may obtain a certificate identifying any lien on file and any notice of claim of lien naming a particular debtor and stating...

SUBCHAPTER E ENFORCEMENT OF LIEN

• Texas Section 128.032 - Copies Of Notices Of Claim Of Lien And Other Notices; Fee
  (a) A person may obtain a copy of any notice of claim of an agricultural chemical or seed lien filed. (b) The fee for a...
• Texas Section 128.036 - Written Notice To Secured Creditors By Lien Claimant
  (a) A lien claimant shall provide written notice to any secured creditor at least 30 days before the date the lien claimant enforces a claim...
• Texas Section 128.037 - Foreclosure In Action To Recover Reasonable Or Agreed Charges
  The lien claimant may foreclose on a lien under this chapter only in an action to recover the reasonable or agreed charges. Added by Acts...
• Texas Section 128.038 - Termination Statement
  (a) If a lien claimant receives payment for the total amount secured by a lien under this chapter and the lien claimant has not furnished...

SUBCHAPTER F MISCELLANEOUS

• Texas Section 128.039 - Right Of Assignment Or Transfer; Filing Of Statement
  (a) A lien created under this chapter may be assigned by the holder of the lien, with full rights of enforcement. (b) The lienholder shall...
• Texas Section 128.046 - Rules
  The secretary of state may adopt rules necessary to carry out the secretary's duties under this chapter, including prescribing necessary forms. Added by Acts 1995,...
• Texas Section 128.047 - Maximum Number Of Liens
  Not more than four liens may be enforced under this chapter against the same proceeds of a lien debtor even if the liens are filed...
• Texas Section 128.048 - Applicability Of Other Law
  Chapter 9, Business & Commerce Code, applies to a lien created under this chapter to the extent Chapter 9 is consistent with this chapter. Added...

Last modified: September 28, 2016