reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 168 - Pullorum Disease and Fowl Typhoid Control › Section 168.007. No Fee Charged

Sec. 168.007.  NO FEE CHARGED.  Neither the laboratory nor the commission may charge a fee for testing or laboratory examination provided for under this chapter.
Acts 1981, 67th Leg., p. 1456, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April 19, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff. Nov. 12, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 168 - Pullorum Disease and Fowl Typhoid Control › Section 168.008. Penalty

Sec. 168.008.  PENALTY.  (a)  A person commits an offense if the person refuses to:
(1)  comply with an order of the commission or laboratory concerning an infected flock;  or
(2)  admit a person with a search warrant obtained as provided in Section 168.003 of this code.
(b)  An offense under this section is a Class B misdemeanor.
(c)  A person commits a separate offense for each day that the person refuses to comply with an order or admit a person with a search warrant.
Acts 1981, 67th Leg., p. 1456, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 71, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April 19, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff. Nov. 12, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle D - Dairy Products › Chapter 181 - Payment for Raw Milk › Section 181.001. Definitions

Sec. 181.001.  DEFINITIONS.  In this chapter:
(1)  "Cooperative association" means any group in which farmers act together in the market preparation, processing, or marketing of farm products or any association organized under Chapter 52 of this code.
(2)  "Dairy farmer" means a farmer engaged in the business of producing milk for sale to milk processors directly or through a cooperative association of which the dairy farmer is a member.
(3)  "Milk processor" means a person who operates a milk, milk products, or frozen desserts processing plant that is located in Texas.
(4)  "Purchase price" means an amount of money, based on estimated butterfat content at the time of delivery, that a milk processor agrees to pay a dairy farmer for a purchase of raw milk.
Added by Acts 1987, 70th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 676, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle D - Dairy Products › Chapter 181 - Payment for Raw Milk › Section 181.0015. Applicability of Chapter

Sec. 181.0015.  APPLICABILITY OF CHAPTER.  When a dairy farmer sells or markets milk through a cooperative association of which the dairy farmer is a member, the cooperative association is considered a dairy farmer for purposes of this chapter.
Added by Acts 1989, 71st Leg., ch. 676, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle D - Dairy Products › Chapter 181 - Payment for Raw Milk › Section 181.003. Time and Method of Payment for Purchase

Sec. 181.003.  TIME AND METHOD OF PAYMENT FOR PURCHASE.  (a)  A milk processor may not purchase raw milk from a dairy farmer unless:
(1)  payment of the purchase price is made according to the provisions prescribed by an applicable federal milk marketing order;
(2)  any additional provisions are agreed on by both the dairy farmer or his agent and the milk processor;  and
(3)  the medium of exchange used is cash, a check for the full amount of the purchase price, or a wire transfer of money in the full amount.
(b)  For purposes of this chapter, a payment delivered by a milk processor to the applicable federal milk market administrator on behalf of a dairy farmer in compliance with the terms of an applicable federal milk marketing order is considered to be delivery of payment to the dairy farmer.
Added by Acts 1987, 70th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 676, Sec. 4, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle D - Dairy Products › Chapter 181 - Payment for Raw Milk › Section 181.004. Cooperative Transactions

Sec. 181.004.  COOPERATIVE TRANSACTIONS.  This chapter does not apply to transactions between a cooperative association, while acting as a marketing agent, and its members.
Added by Acts 1987, 70th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle D - Dairy Products › Chapter 181 - Payment for Raw Milk › Section 181.005. Damages

Sec. 181.005.  DAMAGES.  A milk processor who fails to pay for raw milk as provided by this chapter is liable to the dairy farmer for:
(1)  the purchase price of the raw milk;
(2)  interest on the purchase price at the highest legal rate, from the date possession is transferred until the date the payment is made in accordance with this chapter;  and
(3)  a reasonable attorney's fee for the collection of the payment.
Added by Acts 1987, 70th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter A. General Provisions › Section 188.001. Definitions

Sec. 188.001.  DEFINITIONS.  In this chapter:
(1)  "Animal feed" includes:
(A)  commercial feed as described by Section 141.002(a), including a substance listed by Section 141.002(c) if used as a feed for animals;  or
(B)  customer-formula feed as defined under Section 141.001.
(2)  "Labor" means labor or services performed in the delivery or preparation of animal feed provided by the seller of the animal feed.
(3)  "Livestock" means beef cattle, dairy cattle, sheep, goats, hogs, horses, poultry, and ratites.
(4)  "Reasonable or agreed charges" means:
(A)  any agreed price for animal feed, including labor, sold to a lien debtor at the lien debtor's request;  or
(B)  the reasonable value of animal feed, including labor, as of the date of delivery or preparation, if there is not an agreed price or an agreed method for determining price.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter A. General Provisions › Section 188.002. Proceeds

Sec. 188.002.  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 a deduction made under a court order, from the sale of:
(1)  the livestock for which the animal feed was used;
(2)  meat, milk, skins, wool, or other products derived from that livestock;  or
(3)  issue born to that livestock.
(b)  For the purposes of this chapter, proceeds do not include amounts:
(1)  due or owing to a cooperative association under Chapter 51 or 52;  or
(2)  retained by a cooperative association under Chapter 51 or 52.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.006. Notice Before Purchase; Required Notice Before Claiming Lien

Sec. 188.006.  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 of animal feed as part of the lien claimant's normal business practices or specifically to the lien debtor.  Notice provided under this subsection must read, to the extent applicable, substantially as follows:  "The sale of animal feed on credit is subject to Chapter 188, Agriculture Code.  Failure to pay the agreed or reasonable charges for the feed may result in the attachment of a lien to the proceeds of the livestock for which the feed is used or the proceeds of the animal products produced from the livestock."  A potential lien claimant may satisfy the requirements of this subsection:
(1)  by printing or stamping the notice on credit applications filled out by purchasers;  and
(2)  for future purchases by purchasers who are not notified on the credit application, by printing or stamping the notice on an invoice or on a statement sent by separate cover.
(b)  Before a person may claim a lien under this chapter, the person must send to the debtor by certified mail written notice that states:
(1)  that the payment of the reasonable or agreed charges is more than 30 days overdue;
(2)  the amount that is overdue;
(3)  that the debtor has the following three alternatives:
(A)  to allow the lien to be filed;
(B)  to enter into an agreement granting a security interest in the proceeds described by Section 188.002 under the Business & Commerce Code;  or
(C)  to pay the reasonable or agreed charges;  and
(4)  in at least 10-point type, that:
(A)  the debtor has until the 10th day after the date on which the notice is received to select an alternative under Subdivision (3), notify the claimant of the alternative selected, and satisfy all the requirements of the selected alternative;  and
(B)  the claimant may file the notice of claim of lien at any time after the 10th day after the date on which the debtor receives the notice if the debtor does not comply with the requirements of Paragraph (A).
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.007. Attachment of Lien

Sec. 188.007.  ATTACHMENT OF LIEN.  (a)  A lien established under this chapter attaches to the proceeds described by Section 188.002.
(b)  A lien established under this chapter attaches on the first day that animal feed is furnished to the lien debtor.  A lien that has attached under this section is removed if the lien claimant does not satisfy the notice and filing requirements of this chapter.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 292, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.008. Amount of Lien

Sec. 188.008.  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 animal feed furnished within the 180-day period immediately preceding the day the notice of claim of lien is filed with the secretary of state as provided by this chapter;  and
(2)  the filing fees for the lien as provided by this chapter.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 292, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.009. Person Entitled to File; Exception

Sec. 188.009.  PERSON ENTITLED TO FILE;  EXCEPTION.  (a)  Except as provided by Subsection (b) or by Section 188.047, a person who provides animal feed may file a notice of claim of lien as provided by this chapter.
(b)  The claimant may not file a notice of claim of lien if the settlement of a dispute between the claimant and the debtor has been submitted to the department and is pending.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 292, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.010. Perfection of Lien

Sec. 188.010.  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 by this chapter.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.011. Duration of Notice of Claim of Lien

Sec. 188.011.  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 not required to maintain the lien, as long as the person who provides the animal feed, including labor, either:
(1)  remains unpaid for the amount secured by the lien;  or
(2)  continues to provide animal feed on a regular basis to the lien debtor.
(b)  For purposes of this section, providing animal feed, including labor, is not considered to be made on a regular basis if a period of more than 45 days elapses between deliveries or preparations.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.012. Procedures for Settlement of Disputes

Sec. 188.012.  PROCEDURES FOR SETTLEMENT OF DISPUTES.  (a)  The commissioner of agriculture by rule shall establish a procedure to settle a dispute between a claimant supplying animal feed and labor and a debtor.  The procedures must provide:
(1)  a time requirement for submitting the dispute to the department;
(2)  a time requirement within which a notice of the dispute must be submitted to each party;  and
(3)  a process for evaluating the dispute.
(b)  Each party to the dispute is equally liable for the reasonable costs incurred by the department in carrying out this section.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.013. Contents of Notice of Claim of Lien

Sec. 188.013.  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 debtor;
(3)  the location of the livestock for which the animal feed was provided;
(4)  a statement that the payment of the reasonable or agreed charges is more than 30 days overdue;
(5)  the amount that is overdue;
(6)  a statement, signed under penalty of perjury, that:
(A)  the lien claimant provided notice of the provisions of this chapter, before purchase, either generally to purchasers of animal feed as part of the lien claimant's normal business practices or specifically to the lien debtor, in the manner required by Section 188.006(a);
(B)  the lien claimant sent to the lien debtor the notice required by Section 188.006(b);
(C)  more than 10 days have elapsed since the date on which the notice was received by the lien debtor;  and
(D)  the lien debtor has not complied with the requirements of an alternative set out by Section 188.006(b);  and
(7)  a statement that the lien claimant has an animal feed lien under this chapter.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.014. Signature

Sec. 188.014.  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 on behalf of the claimant.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.015. Form

Sec. 188.015.  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 & Commerce Code, except that:
(1)  the lien claimant may be identified either as a lien claimant or as a secured party;
(2)  the form must be signed by the lien claimant and is not required to be signed by the lien debtor;  and
(3)  in the space for the description of the collateral, the information specified in Sections 188.013(3), (4), (5), and (7) must be entered.
(b)  A separately signed statement containing the information specified in Section 188.013(6) shall be attached to the form required under Subsection (a).
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.06, eff. July 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.016. Filing and Marking in Office of Secretary of State; Fee

Sec. 188.016.  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 a financing statement is filed and marked under Section 9.519, Business & Commerce Code.
(b)  The uniform fee for filing and indexing and for stamping a copy furnished by the secured party is the same as the fee assessed under Section 9.525, Business & Commerce Code.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.07, eff. July 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.017. Time of Written Notice

Sec. 188.017.  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 the notice of claim of lien is filed with the office of the secretary of state.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter B. Animal Feed Lien › Section 188.018. Recognition of Notice as Financing Statement

Sec. 188.018.  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 & Commerce Code.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.08, eff. July 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter C. Priority of Lien › Section 188.026. Time of Filing

Sec. 188.026.  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 date the notice of claim of lien was filed.
(b)  A lien created under this chapter does not have priority over:
(1)  labor claims for wages and salaries for personal services that are provided by an employee to a lien debtor in connection with the livestock, the production of animal products derived from the livestock, or issue born to the livestock, the proceeds of which are subject to the lien;  or
(2)  claims for charges for the care of the livestock, the proceeds of which are subject to the lien.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter D. Information Concerning Lien › Section 188.031. Issuance of Certificate to Member of Public; Fee

Sec. 188.031.  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 the date and time of filing of each notice and the names and addresses of each lienholder in the certificate.
(b)  The amount of the fee for a certificate under Subsection (a) is the same as the amount of the fee provided by Section 9.525(d), Business & Commerce Code.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 547 (S.B. 1699), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter D. Information Concerning Lien › Section 188.032. Copies of Notices of Claim of Lien and Other Notices; Fee

Sec. 188.032.  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 animal feed lien filed.
(b)  The fee for a copy of a notice of claim of lien obtained under Subsection (a) is in the amount provided by Section 405.031, Government Code.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 547 (S.B. 1699), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter E. Enforcement of Lien › Section 188.036. Written Notice to Secured Creditors by Lien Claimant

Sec. 188.036.  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 of lien.
(b)  For purposes of this section, "secured creditor" means any entity named as a secured party in a financing statement that is filed regarding the debtor and that covers an animal product, an account, or livestock subject to the lien.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter E. Enforcement of Lien › Section 188.037. Foreclosure in Action to Recover Reasonable or Agreed Charges

Sec. 188.037.  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 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter E. Enforcement of Lien › Section 188.038. Termination Statement

Sec. 188.038.  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 animal feed during the 45-day period before the date on which payment is received, the lien claimant shall file a termination statement with the secretary of state and shall send the lien debtor a copy of the statement as provided by this section.  The statement shall state that the lien claimant no longer claims a security interest under the notice of claim of lien.
(b)  The notice of claim of lien must be identified in the statement under Subsection (a) by the date, names of parties to the agreement, and file number of the original lien.
(c)  If the lien claimant does not send the termination statement required by this section before the 11th day after the date on which the lien claimant received payment, the lien claimant is liable to the lien debtor for actual damages suffered by the lien debtor as a result of the failure.  If the lien claimant acts in bad faith in failing to send the statement, the lien claimant is liable for an additional penalty of $100.
(d)  The filing officer in the secretary of state's office shall mark each termination statement with the date and time of filing and shall index the statement under the name of the lien debtor and under the file number of the original lien.  If the filing officer has a microfilm or other photographic record of the lien and related filings, the filing officer may destroy the filed notice of claim of lien at any time after receiving the termination statement.  If the filing officer does not have a photographic record, the filing officer may destroy the filed notice of claim of lien at any time after the first anniversary of the date on which the filing officer received the termination statement.
(e)  The uniform filing fee for filing and indexing the termination statement is the same as the fee assessed under Section 9.525, Business & Commerce Code.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.09, eff. July 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter E. Enforcement of Lien › Section 188.039. Right of Assignment or Transfer; Filing of Statement

Sec. 188.039.  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 file a statement of assignment with the secretary of state as provided by Section 9.514, Business & Commerce Code.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.10, eff. July 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter F. Miscellaneous › Section 188.046. Rules

Sec. 188.046.  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, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter F. Miscellaneous › Section 188.047. Maximum Number of Liens

Sec. 188.047.  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 by different lien claimants.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle E - Liens on Animal Products › Chapter 188 - Liens for Animal Feed › Subchapter F. Miscellaneous › Section 188.048. Applicability of Other Law

Sec. 188.048.  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 by Acts 1995, 74th Leg., ch. 197, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter A. General Provisions › Section 201.002. Definitions

Sec. 201.002.  DEFINITIONS.  In this chapter:
(1)  "Conservation district" means a soil and water conservation district.
(2)  "Director" means a member of the governing board of a conservation district.
(3)  "Family farm corporation" means a farm corporation all shareholders of which are related to each other within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code.
(4)  "Federal agency" includes the Soil Conservation Service of the United States Department of Agriculture and any other agency or instrumentality of the federal government.
(5)  "Occupier" means a person who is in possession of land lying within a conservation district, either as lessee, tenant, or otherwise.
(6)  "State agency" includes a subdivision, agency, or instrumentality of the state.
(7)  "State board" means the State Soil and Water Conservation Board.
(8)  "State district" means a district established under Section 201.012 of this code.
Acts 1981, 67th Leg., p. 1460, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 2, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 561, Sec. 5, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter A. General Provisions › Section 201.003. Eligible Voter

Sec. 201.003.  ELIGIBLE VOTER.  (a)  A person is eligible to vote in an election under this chapter if the person:
(1)  is an individual who holds title to farmland or ranchland lying within a conservation district, a conservation district proposed by petition, or territory proposed by petition for inclusion within a conservation district, as applicable;
(2)  is 18 years of age or older;  and
(3)  is a resident of a county all or part of which is included in the conservation district, the conservation district proposed by petition, or the territory proposed for inclusion, as applicable.
(b)  If a family farm corporation owns farmland or ranchland in a conservation district, in a proposed conservation district, or in territory proposed for inclusion in a conservation district, the corporation is entitled to one vote in each election under this chapter that would affect the land owned by the corporation.  The corporation shall designate one corporate officer to vote for the corporation in the election.  The designated officer must be:
(1)  18 years of age or older;  and
(2)  a resident of a county all or part of which is included in the conservation district, the proposed conservation district, or the territory proposed for inclusion in a conservation district.
Acts 1981, 67th Leg., p. 1460, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 2, eff. Sept. 1, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter A. General Provisions › Section 201.004. Notice; Election Informalities

Sec. 201.004.  NOTICE;  ELECTION INFORMALITIES.  (a)  If this chapter requires that notice of a hearing or an election be given, the entity responsible for giving notice shall:
(1)  publish notice at least twice, with an interval of at least seven days between the publication dates, in a newspaper or other publication of general circulation within the appropriate area;  and
(2)  post notice for at least two weeks at a reasonable number of conspicuous places within the appropriate area, including, if possible, public places where it is customary to post notices concerning county or municipal affairs generally.
(b)  A hearing for which notice is given under this section and which is held at the time and place designated in the notice may be adjourned from time to time without renewing notice for the adjourned dates.
(c)  If notice of an election is given substantially in accordance with this section and the election is fairly conducted, an informality in the conduct of the election or in any matter relating to the election does not invalidate the election or its result.
Acts 1981, 67th Leg., p. 1460, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter A. General Provisions › Section 201.005. Water Code Not Applicable

Sec. 201.005.  WATER CODE NOT APPLICABLE.  Section 12.081, Water Code, does not apply to a conservation district created under this chapter.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 2, eff. Sept. 1, 1985.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter A. General Provisions › Section 201.006. Confidentiality of Certain Information

Sec. 201.006.  CONFIDENTIALITY OF CERTAIN INFORMATION.  (a)  Except as provided by this section, information collected by the state board or a conservation district is not subject to Chapter 552, Government Code, and may not be disclosed if the information is collected in response to a specific request from a landowner or the landowner's agent or tenant for technical assistance relating to a water quality management plan or other conservation plan if the assistance is to be provided:
(1)  under this code;  and
(2)  on private land that:
(A)  is part of a conservation plan or water quality management plan developed cooperatively with the state board or conservation district;  or
(B)  is the subject of a report prepared by the state board or conservation district.
(b)  The state board or a conservation district may disclose information regarding a tract of land to:
(1)  the owner of the tract or the owner's agent or tenant;  and
(2)  a person other than the owner or the owner's agent or tenant if:
(A)  the owner or the agent or tenant consents in writing to full or specified partial disclosure of the information;  and
(B)  the consent is attached to each plan or report regarding the tract prepared by the state board or conservation district.
(c)  The state board or a conservation district may disclose, in a manner that prevents the identification of a particular tract of land, the owner of the tract, or the owner's agent or tenant, a summary of information collected by the state board or conservation district regarding:
(1)  the number of acres of land that are in a particular conservation plan;
(2)  the number of acres of land that are subject to a particular conservation practice;  or
(3)  other conservation program information.
(d)  The state board or a conservation district shall provide a person with notice regarding this section at the time the person requests technical assistance from the state board or conservation district.
(e)  The state board or a conservation district may disclose information to a law enforcement agency of this state or the United States in compliance with a subpoena for the information.
(f)  The state board or a conservation district may disclose information relating to water quality complaints or compliance failures to the Texas Natural Resource Conservation Commission under Section 201.026.
(g)  The state board or a conservation district may disclose to the attorney general information relating to a breach of contract.
(h)  The state board or a conservation district may not be held liable for damage caused by a violation of this section.
(i)  A reference in this section to the state board or a conservation district includes an officer, employee, or agent of the state board or conservation district.
Added by Acts 1997, 75th Leg., ch. 410, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter A. General Provisions › Section 201.007. Confidentiality of Participants in Invasive Species Eradication Programs

Sec. 201.007.  CONFIDENTIALITY OF PARTICIPANTS IN INVASIVE SPECIES ERADICATION PROGRAMS.  (a)  Except as provided by Subsection (b), information written, produced, collected, assembled, or maintained by the state board that would identify a landowner who participates in a state board program to manage or eradicate an invasive species is confidential and not subject to disclosure under Chapter 552, Government Code.
(b)  Subsection (a) does not apply to the identity of a person who receives a direct payment of state money under a contract with the state board to manage or eradicate an invasive species.
Added by Acts 2021, 87th Leg., R.S., Ch. 179 (S.B. 634), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.011. Composition

Sec. 201.011.  COMPOSITION.  The State Soil and Water Conservation Board is a state agency composed of seven members as follows:
(1)  one member elected from each of the state districts in accordance with this subchapter;  and
(2)  two members appointed by the governor, each of whom is:
(A)  actively engaged in the business of farming, animal husbandry, or other business related to agriculture and who wholly or partly owns or leases land used in connection with that business;  and
(B)  not a member of the board of directors of a conservation district.
Acts 1981, 67th Leg., p. 1461, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(a), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 983, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.0111. Appointments

Sec. 201.0111.  APPOINTMENTS.  Appointments to the state board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 61 (H.B. 1808), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.012. State Districts

Sec. 201.012.  STATE DISTRICTS.  (a)  For purposes of this chapter, the state is divided into five districts, each of which is composed as provided by this section.
(b)  State District No. 1 is composed of the following 51 counties:  Dallam, Dawson, Sherman, Hansford, Ochiltree, Lipscomb, Hartley, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childress, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Hardeman, Cochran, Hockley, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, Kent, Stonewall, Gaines, Borden, Scurry, Fisher, and Foard.
(c)  State District No. 2 is composed of the following 51 counties:  Andrews, Martin, Howard, Mitchell, Nolan, Taylor, Runnels, Coke, Sterling, Glasscock, Midland, Ector, Winkler, Loving, Reeves, Culberson, Hudspeth, El Paso, Jeff Davis, Presidio, Brewster, Pecos, Terrell, Ward, Crane, Upton, Reagan, Irion, Tom Green, Concho, McCulloch, San Saba, Mason, Llano, Blanco, Gillespie, Crockett, Schleicher, Menard, Sutton, Kimble, Val Verde, Edwards, Real, Kerr, Kendall, Bandera, Uvalde, Medina, Kinney, and Maverick.
(d)  State District No. 3 is composed of the following 50 counties:  Burleson, Lee, Bastrop, Travis, Hays, Comal, Guadalupe, Caldwell, Fayette, Washington, Austin, Colorado, Lavaca, Gonzales, Wilson, Bexar, DeWitt, Jackson, Wharton, Fort Bend, Brazoria, Matagorda, Calhoun, Refugio, Bee, Karnes, Live Oak, Atascosa, McMullen, LaSalle, Frio, Duval, Dimmit, Webb, Zapata, Jim Hogg, Starr, Brooks, Hidalgo, Cameron, Willacy, Kenedy, Kleberg, Nueces, San Patricio, Aransas, Jim Wells, Zavala, Goliad, and Victoria.
(e)  State District No. 4 is composed of the following 51 counties:  Lamar, Red River, Bowie, Delta, Hopkins, Franklin, Titus, Morris, Cass, Marion, Camp, Upshur, Wood, Rains, Van Zandt, Smith, Gregg, Harrison, Henderson, Cherokee, Rusk, Panola, Shelby, Nacogdoches, Anderson, Freestone, Leon, Robertson, Brazos, Madison, Grimes, Waller, Houston, Walker, Trinity, Angelina, San Augustine, Sabine, Newton, Jasper, Tyler, Polk, San Jacinto, Montgomery, Harris, Liberty, Hardin, Orange, Jefferson, Chambers, and Galveston.
(f)  State District No. 5 is composed of the following 51 counties:  Wilbarger, Wichita, Clay, Montague, Cooke, Grayson, Fannin, Hunt, Collin, Denton, Wise, Jack, Archer, Baylor, Knox, Haskell, Stephens, Throckmorton, Young, Jones, Shackelford, Palo Pinto, Rockwall, Kaufman, Ellis, Parker, Tarrant, Dallas, Johnson, Hood, Somervell, Erath, Eastland, Callahan, Coleman, Brown, Comanche, Mills, Hamilton, Bosque, Hill, Navarro, Limestone, McLennan, Falls, Milam, Bell, Williamson, Burnet, Lampasas, and Coryell.
Acts 1981, 67th Leg., p. 1461, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.013. State District Conventions

Sec. 201.013.  STATE DISTRICT CONVENTIONS.  (a)  For the purpose of electing a member to the state board, each state district shall conduct a convention attended by delegates elected from each conservation district in the state district.
(b)  The state board shall notify the chairman and secretary of each board of directors of the location of the state district convention in the applicable state district.  The state board shall give the notice at least 60 days before the date of the convention.
(c)  After receiving notice of the location of the convention, the chairman of each board of directors shall call a meeting for the purpose of electing a delegate and an alternate to the state district convention.  In order to serve as a delegate or an alternate, a person must be an eligible voter of the conservation district and actively engaged in farming or ranching.
(d)  The chairman of a board of directors shall certify the name and address of the delegate and the alternate to the state board not later than the 30th day before the date of the convention.
(e)  Each delegate to a state district convention, or an alternate attending in the place of a delegate, is entitled to a per diem of $30 a day for not more than two days and the state mileage reimbursement rate specified in the General Appropriations Act for travel each way between the county seat of the delegate's residence and the convention site.  The state board shall pay the per diem and travel allowance.
(f)  A member of the state board is a qualified delegate to the convention of the state district from which the member was elected.
(g)  A majority of the delegates to a state district convention constitutes a quorum.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 611, Sec. 3, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 624 (H.B. 496), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.014. Election

Sec. 201.014.  ELECTION.  (a)  The delegates at a state district convention by majority vote shall elect a member to the state board from among the qualified delegates.  No later than the fifth day after the day of the election, the chairman of the convention shall certify to the state board and to the secretary of state the name and address of the person elected.
(b)  A state district convention shall conduct an election under this section on the first Tuesday in May of each year in which the term expires for the member of the state board representing that district.
Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 7 - Soil and Water Conservation › Chapter 201 - Soil and Water Conservation › Subchapter B. State Soil and Water Conservation Board › Section 201.0141. Ineligibility to Serve on Board; Ineligibility for Certain Positions

Sec. 201.0141.  INELIGIBILITY TO SERVE ON BOARD;  INELIGIBILITY FOR CERTAIN POSITIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the state board or act as the general counsel to the state board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the state board.
(c)  A person may not be a member of the state board and may not be a state board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association whose primary purpose is the promotion of soil and water conservation;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association whose primary purpose is the promotion of soil and water conservation.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 10, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(11), eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 1095, Sec. 2, eff. Sept. 1, 2001.