Agriculture Code § 128.009
A person who provides agricultural chemical, agricultural seed, or labor may file a notice of claim of lien, except in specified cases.
- Agricultural supplies
- Claim filing
- Labor
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A person who provides agricultural chemical, agricultural seed, or labor may file a notice of claim of lien, except in specified cases.
A lien under this chapter is perfected when a notice of claim of lien is filed with the secretary of state.
A notice of claim of lien stays effective without a new notice if the provider remains unpaid or keeps providing agricultural chemical, agricultural seed, or labor regularly.
The commissioner of agriculture must set by rule a procedure for settling certain disputes, and the procedure must include timing and evaluation steps.
A lien claimant’s notice of claim of lien must include specific names, addresses, property location, overdue-payment details, a signed statement, and a statement that the claimant has an agricultural chemical or agricultural seed lien.
The notice of claim of lien must be signed by the lien claimant or by someone authorized to sign similar documents for the claimant.
A notice of claim of lien must be filed on the required form, signed by the lien claimant, with specified collateral information entered, and a separately signed statement attached.
A notice of claim of lien must be filed and marked in the secretary of state’s office, and the filing fee is the same as the fee under Section 9.525.
The lien claimant must give the lien debtor written notice of the lien claim within 10 days after the lien claim is filed with the secretary of state.
The secretary of state must recognize a notice of claim of lien under this subchapter as a financing statement.
A lien under this chapter generally has the same priority as a filed financing statement, but it does not outrank certain employee labor claims tied to agricultural production.
A person may obtain a certificate showing lien and lien-claim information, and the certificate fee matches the fee set by Section 9.525(d), Business & Commerce Code.
A person may get a copy of a filed agricultural chemical or seed lien notice, and the copy fee is set by another Government Code section.
A lien claimant must give written notice to any secured creditor at least 30 days before enforcing a claim of lien.
A lien claimant may foreclose on a lien under this chapter only in an action to recover reasonable or agreed charges.
If a lien claimant is paid in full and has not supplied agricultural chemical, seed, or labor in the prior 45 days, the claimant must file a termination statement and send a copy to the lien debtor.
A lienholder may assign a lien, and must file a statement of assignment with the secretary of state.
The secretary of state may adopt rules and prescribe forms needed to carry out duties under this chapter.
No more than four liens may be enforced against the same proceeds of a lien debtor under this chapter.
Chapter 9 of the Business & Commerce Code applies to liens created under this chapter if it is consistent with this chapter.
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