Tex. Prop. Code § 70.401 · Subchapter E. AGRICULTURAL LIENS
DEFINITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In this subchapter:
(1) "Agricultural crop" means a plant product that is grown, produced, or harvested as a result of an agricultural producer's farm operation.
(2) "Agricultural producer" means a person who is engaged in the business of growing, producing, or harvesting an agricultural crop.
(3) "Buyer in ordinary course of business" has the meaning assigned by Section 1.201, Business & Commerce Code.
(4) "Company-owned crop" means an agricultural crop:
(A) that is in the possession of a warehouse or contract purchaser located in this state and for which the agricultural producer has received full payment;
(B) that is not an open storage crop; or
(C) for which the warehouse or the contract purchaser tenders payment and the agricultural producer, without coercion, defers payment.
(5) "Contract purchaser" means a person who has agreed under a contract to purchase an agricultural crop or otherwise pay the agricultural producer for growing, producing, or harvesting the agricultural crop. The term includes a person who, as to the transaction in question, is licensed and bonded under Chapter 14, Agriculture Code, or the United States Warehouse Act (7 U.S.C. Section 241 et seq.).
(6) "Open storage crop" means an agricultural crop that:
(A) an agricultural producer delivers or transfers to:
(i) a warehouse for storage; or
(ii) a contract purchaser located in this state;
(B) is not covered by a warehouse receipt; and
(C) is not owned by the lessee, owner, or operator of the warehouse in which the crop is stored or the contract purchaser to which the crop is delivered or transferred.
(7) "Secured lender" means a person that:
(A) has loaned money to a warehouse or a contract purchaser; and
(B) holds a perfected secured lien against a company-owned crop.
(8) "Warehouse" means a facility that stores or handles any agricultural crop after the crop is harvested, including a facility operated by a person who, as to the transaction in question, is licensed and bonded under Chapter 14, Agriculture Code, or the United States Warehouse Act (7 U.S.C. Section 241 et seq.). The term includes a person engaged in the business of operating a warehouse.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 628 (S.B. 1339), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 887 (H.B. 3063), Sec. 1, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.70.htm
- Text hash
- sha256 843a6b15111645d478e75fea8739878d16d42c5adacb25cc2325b3251b4b386a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.