By: Burns H.B. No. 3663 A BILL TO BE ENTITLED AN ACT relating to marketing contracts and agricultural liens. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 70.4045(c), Property Code, is amended to read as follows: (c) Notwithstanding Chapter 9, Business & Commerce Code, a lien created and perfected under this subchapter has priority over a conflicting security interest in or lien on the agricultural crop or the proceeds from the sale of the crop created by the contract purchaser in favor of a third party, [other than a cotton ginner's lien created under Section 70.003(d),] regardless of the date the security interest or lien created by the contract purchaser attached. This subsection does not: [affect a security interest or lien created and perfected to secure a loan directly to the agricultural producer.] (1) affect the validity or priority of a security interest or lien created and perfected to secure a loan directly to the agricultural producer; (2) affect the validity or priority of a cotton ginner's lien created under Section 70.003(d); (3) apply to a contract purchaser who purchases an agricultural crop from an agricultural producer pursuant to a marketing contract created under Section 52.016, Agriculture Code, or under Title 7, USC (specifically Chapter 35A, Subchapter I, § 1421, and Subchapter II, § 1441, and Chapter 106, Subchapter II, §§ 7931-7939) and Title 15, Chapter 15, Subchapter II, USC (statutes relating to the Commodity Credit Corporation, and specifically §§ 714b, 714c, and 714j). SECTION 2. This Act takes effect September 1, 2017.