reglab/housing_qa huggingface dataset:
TX Prop § 61.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 61 - Motor Vehicle Mortgagee's Lien|Section 61.001. Definitions

Sec. 61.001.  DEFINITIONS.  In this chapter:(1)  "Motor vehicle" means any motor-driven or propelled vehicle required to be registered or licensed under the laws of this state.(2)  "Mortgagee" means a secured party, as defined by Section 9.102, Business & Commerce Code, holding a lien on a motor vehicle that has been perfected pursuant to Subchapter F, Chapter 501, Transportation Code.(3)  "Mortgagor" means a debtor, as defined by Section 9.102, Business & Commerce Code, giving a lien or agreeing that a lien may be retained on a motor vehicle.|Added by Acts 1989, 71st Leg., ch. 171, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.246, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 414, Sec. 2.37, eff. July 1, 2001.|
TX Prop § 61.002 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 61 - Motor Vehicle Mortgagee's Lien|Section 61.002. Lien

Sec. 61.002.  LIEN.  A mortgagee has a lien on a cause of action or other claim of a mortgagor in connection with an accident that involves a motor vehicle on which the mortgagee has perfected a lien and that is attributable to the negligence of another person.|Added by Acts 1989, 71st Leg., ch. 171, Sec. 1, eff. Sept. 1, 1989.|
TX Prop § 61.003 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 61 - Motor Vehicle Mortgagee's Lien|Section 61.003. Property to Which Lien Attaches

Sec. 61.003.  PROPERTY TO WHICH LIEN ATTACHES.  The lien attaches to:(1)  a cause of action for damages arising from property damage to a motor vehicle on which the mortgagee has perfected a lien caused by an accident that is attributable to the negligence of another person;(2)  a judgment of a court in favor of a mortgagor arising from property damage to a motor vehicle on which the mortgagee has perfected a lien caused by an accident that is attributable to the negligence of another person;(3)  the proceeds of a settlement of a cause of action or a claim by the mortgagor for property damage to a motor vehicle on which the mortgagee has perfected a lien caused by an accident that is attributable to the negligence of another person;  and(4)  the proceeds of a property damage liability insurance policy carried by another person that protects the other person against property damage loss caused by accident or collision.|Added by Acts 1989, 71st Leg., ch. 171, Sec. 1, eff. Sept. 1, 1989.|
TX Prop § 61.004 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 61 - Motor Vehicle Mortgagee's Lien|Section 61.004. Amount of Lien

Sec. 61.004.  AMOUNT OF LIEN.  The amount of the lien is the lesser of:(1)  the fair market value of the motor vehicle before the accident;(2)  the reasonable cost of repair to the motor vehicle;  or(3)  the balance owed to the mortgagee by the mortgagor.|Added by Acts 1989, 71st Leg., ch. 171, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 11, eff. Sept. 1, 1993.|
TX Prop § 61.005 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 61 - Motor Vehicle Mortgagee's Lien|Section 61.005. Discharge of Lien

Sec. 61.005.  DISCHARGE OF LIEN.  If the property to which a lien created under this chapter attaches is paid jointly to the mortgagee and the mortgagor, the lien is discharged.|Added by Acts 1989, 71st Leg., ch. 171, Sec. 1, eff. Sept. 1, 1989.|
TX Prop § 63.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 63 - Manufactured Home Lien|Section 63.001. Manufactured Homes

Sec. 63.001.  MANUFACTURED HOMES.  In this chapter, "manufactured home" has the meaning assigned by Chapter 1201, Occupations Code.|Added by Acts 1999, 76th Leg., ch. 742, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 62.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(96), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.805, eff. Sept. 1, 2003.|
TX Prop § 63.002 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 63 - Manufactured Home Lien|Section 63.002. Applicability

Sec. 63.002.  APPLICABILITY.  This chapter applies only to a lien on a manufactured home if the loan or credit advance documents state or indicate that the lien:(1)  is or is in the nature of a vendor's lien;(2)  is or is in the nature of a purchase money lien;  or(3)  is or is in the nature of a retail installment lien.|Added by Acts 1999, 76th Leg., ch. 742, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 62.002 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(96), eff. Sept. 1, 2001.|
TX Prop § 63.003 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 63 - Manufactured Home Lien|Section 63.003. Conversion of Lien From Personal Property Lien to Real Property Lien

Sec. 63.003.  CONVERSION OF LIEN FROM PERSONAL PROPERTY LIEN TO REAL PROPERTY LIEN.  When the manufactured home converts to real property as provided by Section 2.001(b), the lien on the property:(1)  is converted to a purchase money lien on real property by operation of law;  and(2)  exists independently of any existing lien on the real property to which the home is permanently attached.|Added by Acts 1999, 76th Leg., ch. 742, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 62.003 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(96), eff. Sept. 1, 2001.|
TX Prop § 63.004 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 63 - Manufactured Home Lien|Section 63.004. Refinancing of Lien

Sec. 63.004.  REFINANCING OF LIEN.  (a)  A person who provides funds to refinance a lien secured by a manufactured home is subrogated to the lien position of the previous lienholder.(b)  If the holder of a lien secured by a manufactured home transfers loan or credit advance documents to a lender refinancing the lien, that lender and a title insurance company, title insurance agent or direct operation, or attorney to whom the loan or credit advance documents are delivered holds the loan or credit advance documents in trust for that lienholder.  In this subsection, "direct operation" has the meaning assigned by Section 2501.003, Insurance Code.(c)  A lien that is converted to a purchase money lien on real property under Section 63.003, or a lien for the debt for new improvements thereon under Section 63.005, may be refinanced with another lien on the real property to which the manufactured home is permanently attached as provided by Section 2.001.|Added by Acts 1999, 76th Leg., ch. 742, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 62.004 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(96) and Sec. 21.002(16), eff. Sept. 1, 2001.  Amended by Acts 2001, 77th Leg., ch. 1055, Sec. 6, eff. Jan. 1, 2002;  Acts 2003, 78th Leg., ch. 1275, Sec. 3(38), eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.159, eff. September 1, 2005.|
TX Prop § 63.005 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 63 - Manufactured Home Lien|Section 63.005. Conversion of Lien From a Personal Property Lien to a Real Property Lien for the Debt for the New Improvements Thereon

Sec. 63.005.  CONVERSION OF LIEN FROM A PERSONAL PROPERTY LIEN TO A REAL PROPERTY LIEN FOR THE DEBT FOR THE NEW IMPROVEMENTS THEREON.  (a)  A manufactured home becomes a new improvement to the homestead of a family or of a single adult person upon the filing of the appropriate statement of ownership as provided in Chapter 1201, Occupations Code.  As such, if the debt for the manufactured home was contracted for in writing, that debt is considered to be for work and materials used in constructing new improvements thereon and thus constitutes a valid lien on the homestead when the appropriate statement of ownership is filed in the Official Public Records of Real Property in the county in which the land is located.(b)  When the manufactured home converts to real property as provided by Section 2.001 of this code, the lien on the property exists independently of any existing lien on the real property to which the home is permanently attached.|Added by Acts 2001, 77th Leg., ch. 1055, Sec. 7, eff. Jan. 1, 2002.  Renumbered from Property Code Sec. 62.005 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(118), eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.806, eff. Sept. 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 78, eff. September 1, 2017.|
TX Prop § 65.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 65 - Authority of Co-Owner to Encumber Residential Property|Section 65.001. Application of Chapter

Sec. 65.001.  APPLICATION OF CHAPTER.  This chapter applies only to residential property:(1)  that has residential improvements primarily designed for not more than four families;(2)  that is not more than 10 acres of land;(3)  that is owned by more than one person; and(4)  for which at least one co-owner has received a residence homestead exemption under Section 11.13, Tax Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 918 (S.B. 1368), Sec. 1, eff. June 17, 2011.Redesignated from Property Code, Chapter 64 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(39), eff. September 1, 2013.|
TX Prop § 65.0011 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 65 - Authority of Co-Owner to Encumber Residential Property|Section 65.0011. Application to Institutions of Higher Education

Sec. 65.0011.  APPLICATION TO INSTITUTIONS OF HIGHER EDUCATION.   This chapter does not apply to residential property for which an institution of higher education is a co-owner.|Redesignated from Property Code, Chapter 64 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(39), eff. September 1, 2013.Added by Acts 2013, 83rd Leg., R.S., Ch. 1366 (S.B. 1604), Sec. 2, eff. June 14, 2013.|
TX Prop § 65.002 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 65 - Authority of Co-Owner to Encumber Residential Property|Section 65.002. Conditions for Authority to Act as Agent for Co-Owner

Sec. 65.002.  CONDITIONS FOR AUTHORITY TO ACT AS AGENT FOR CO-OWNER.  A co-owner of residential property may act in the name of and on behalf of another co-owner, whether known or unknown, as the co-owner's statutory agent and attorney-in-fact for the purposes described by Section 65.004 if:(1)  the co-owner has occupied the property for more than five years;(2)  the co-owner has a residence homestead exemption for the property under Section 11.13, Tax Code;(3)  for the five years preceding the date the documents required by Section 65.003 are filed, the occupying co-owner has paid all assessed ad valorem taxes without delinquency and without contribution from the other co-owner; and(4)  the occupying co-owner files the documents required by Section 65.003.|Added by Acts 2011, 82nd Leg., R.S., Ch. 918 (S.B. 1368), Sec. 1, eff. June 17, 2011.Redesignated from Property Code, Chapter 64 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(39), eff. September 1, 2013.Redesignated and amended from Property Code, Section 64.002 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(29), eff. September 1, 2013.|
TX Prop § 65.003 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 65 - Authority of Co-Owner to Encumber Residential Property|Section 65.003. Required Documentation

Sec. 65.003.  REQUIRED DOCUMENTATION.  The occupying co-owner may establish the authority to act as an agent and attorney-in-fact for another co-owner by filing in the office of the county clerk of the county in which the real property is located:(1)  an affidavit of the occupying co-owner affirming the facts described by Sections 65.002(1)-(3);(2)  the affidavits of two additional affiants personally familiar with the co-owner's occupancy of the real property corroborating the occupancy during the preceding five years; and(3)  a certificate of the tax assessor-collector for the county in which the real property is located affirming that the co-owner has paid all taxes assessed against the real property for the preceding five years without delinquency.|Added by Acts 2011, 82nd Leg., R.S., Ch. 918 (S.B. 1368), Sec. 1, eff. June 17, 2011.Redesignated from Property Code, Chapter 64 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(39), eff. September 1, 2013.Redesignated and amended from Property Code, Section 64.003 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(30), eff. September 1, 2013.|
TX Prop § 65.004 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 65 - Authority of Co-Owner to Encumber Residential Property|Section 65.004. Scope of Authority

Sec. 65.004.  SCOPE OF AUTHORITY.  (a)  The authority of the occupying co-owner to act as an agent and attorney-in-fact is limited to the authority to enter into a contract giving rise to a mechanic's and materialman's lien and to execute a deed of trust for the purpose of preserving or improving the residential property.  The occupying co-owner is the sole obligor of the debt incurred under the contract and secured by the deed of trust.(b)  A lien that arises under a contract entered into by an occupying co-owner under this section is not subject to repudiation or disaffirmance by another co-owner.|Added by Acts 2011, 82nd Leg., R.S., Ch. 918 (S.B. 1368), Sec. 1, eff. June 17, 2011.Redesignated from Property Code, Chapter 64 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(39), eff. September 1, 2013.|
TX Prop § 66.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 66 - Sale of Property Subject to Oil or Gas Lease|Section 66.001. Sale of Property Subject to Oil or Gas Lease

Sec. 66.001.  SALE OF PROPERTY SUBJECT TO OIL OR GAS LEASE.  (a)  In this section:(1)  "Mortgagee," "mortgagor," and "security instrument" have the meanings assigned by Section 51.0001.(2)  "Oil or gas lease" means an instrument conveying a fee simple determinable interest in a mineral estate covering oil, gas, or other hydrocarbons or a recorded memorandum of such an instrument.(3)  "Real property" means an estate covering the mineral interest in hydrocarbons or the mineral interest in hydrocarbons together with the surface overlying such mineral interest.  The term does not include a surface interest or other interest that excludes a mineral interest in hydrocarbons.(b)  Notwithstanding any other law, an oil or gas lease covering real property subject to a security instrument that has been foreclosed remains in effect after the foreclosure sale if the oil or gas lease has not terminated or expired on its own terms and was executed and recorded in the real property records of the county before the foreclosure sale.  An interest of the mortgagor or the mortgagor's assigns in the oil or gas lease, including a right to receive royalties or other payments that become due and payable after the date of the foreclosure, passes to the purchaser of the foreclosed property to the extent that the security instrument under which the real property was foreclosed had priority over the interest in the oil or gas lease of the mortgagor or the mortgagor's assigns.(c)  Notwithstanding Subsection (b), if real property that includes the mineral interest in hydrocarbons together with the surface overlying such mineral interest is subject to both an oil or gas lease and a security instrument and the security interest is foreclosed, the foreclosure sale terminates and extinguishes any right granted under the oil or gas lease for the lessee to use the surface of the real property to the extent that the security instrument under which the real property was foreclosed had priority over the rights of the lessee under the oil or gas lease.(d)  An agreement, including a subordination agreement, between a lessee of an oil or gas lease and a mortgagee of real property or the lessee of an oil or gas lease and the purchaser of foreclosed real property controls over any conflicting provision of this section.  An agreement between a mortgagor and mortgagee may not modify the application of this section unless the affected lessee agrees to the modification.(e)  This section does not apply to a security instrument that does not attach to a mineral interest in hydrocarbons in the mortgaged real property.|Added by Acts 2015, 84th Leg., R.S., Ch. 461 (H.B. 2207), Sec. 1, eff. January 1, 2016.|
TX Prop § 67.002 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 67 - Oil and Gas Liens|Section 67.002. Oil and Gas Lien

Sec. 67.002.  OIL AND GAS LIEN.  (a)  To secure the obligations of a first purchaser to pay the sales price, each interest owner has an oil and gas lien to the extent of the interest owner's interest in oil and gas rights.  The oil and gas lien exists as part of and incident to the ownership of oil and gas rights.(b)  An oil and gas lien:(1)  exists in and attaches to all oil and gas before severance;(2)  continues uninterrupted and without lapse in all oil and gas on and after severance; and(3)  continues uninterrupted and without lapse in and to all proceeds from the sale of the oil or gas.(c)  Except as provided by Subsection (d), an oil and gas lien exists until the interest owner or representative first entitled to receive the sales price has received the sales price for the oil or gas production, but the lien does not continue to attach to the production after the production is sold by the first purchaser, unless the first subsequent purchaser:(1)  is an affiliate of the first purchaser; or(2)  has actual knowledge, not constructive notice or inquiry notice, that the first purchaser has not paid the interest owner or representative first entitled to receive the sales price.(d)  As between an interest owner and a representative of an interest owner or any person claiming adversely to the interest owner or representative, the interest owner's oil and gas lien continues uninterrupted and without lapse in proceeds in the possession or control of a representative until the interest owner on whose behalf the representative acts receives the proceeds in full.(e)  Except as provided by Subsection (f), a first purchaser takes free of an oil and gas lien if the first purchaser:(1)  in good faith, paid the sales price for the oil or gas to an interest owner or representative otherwise apparently entitled to receive the sales price; and(2)  is without actual knowledge that the interest owner or representative is not entitled to receive the sales price paid.(f)  Notwithstanding Subsection (e), the oil and gas lien continues uninterrupted in the proceeds paid to or otherwise due the interest owner or representative.|Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.|
TX Prop § 67.003 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 67 - Oil and Gas Liens|Section 67.003. Transfer of Oil and Gas Rights

Sec. 67.003.  TRANSFER OF OIL AND GAS RIGHTS.  (a)  The validity of an oil and gas lien is not dependent on possession of the oil or gas by an interest owner or representative.  An oil and gas lien is not void or expired because of a change or transfer of the actual or constructive possession of or title to the oil or gas from the interest owner or representative to a first purchaser or other purchaser.(b)  On the conveyance or transfer of any oil and gas rights by a transferor interest owner, the oil and gas lien vested in the transferor interest owner immediately before the conveyance or transfer remains with the transferor interest owner to the extent of any oil and gas rights retained by the transferor interest owner.(c)  On the conveyance or transfer of any oil and gas rights by a transferor interest owner, the oil and gas lien vested in the transferor interest owner immediately before the conveyance or transfer is transferred to and attaches automatically to the oil and gas rights acquired by the transferee interest owner uninterrupted and without lapse and as part of and incident to the oil and gas rights that are conveyed or transferred.|Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.|
TX Prop § 67.004 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 67 - Oil and Gas Liens|Section 67.004. Automatic Perfection of Lien

Sec. 67.004.  AUTOMATIC PERFECTION OF LIEN.  An oil and gas lien of an interest owner is perfected automatically without the need to file a financing statement or any other type of documentation.|Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.|
TX Prop § 67.005 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 67 - Oil and Gas Liens|Section 67.005. Commingling

Sec. 67.005.  COMMINGLING.  (a)  If oil or gas in which there exists more than one oil and gas lien is commingled with other oil or gas in a manner that the identity of the specific oil or gas is lost, the oil and gas lien:(1)  continues without interruption into and attaches to any resulting commingled product; and(2)  is perfected automatically on the date of the oil and gas lien's original perfection but only for the volume of the commingled product that is equal to the volume of product to which the oil and gas lien originally attached.(b)  If commingling described by Subsection (a) occurs, the oil and gas lien in the commingled product has priority over any security interest or other lien that is not an oil and gas lien or permitted lien, regardless of whether the security interest or other lien has been properly perfected.(c)  If more than one oil and gas lien attaches to the commingled product, the oil and gas liens rank equally in the proportion that the respective sales prices secured by each oil and gas lien bears as a percentage of the total of the sales prices secured by all oil and gas liens applicable to the production at the time the production was commingled.(d)  This section is intended to recognize the continuation of oil and gas lien rights of an interest owner in the commingled product stream only as to a volume of oil or gas proportionate to the volume of oil or gas that originated from the interest owner, with that volume of the commingled product being considered to have maintained a distinct identity as being available for sale or transportation under the specific contractual arrangements applicable to the production at the time the oil or gas entered the commingled product stream.|Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.|
TX Prop § 67.006 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 67 - Oil and Gas Liens|Section 67.006. Rights of Purchasers

Sec. 67.006.  RIGHTS OF PURCHASERS.  (a)  Except as provided by Subsection (b), a purchaser takes free of any oil and gas lien otherwise applicable to the oil or gas purchased if the purchaser:(1)  is a buyer in the ordinary course of the first purchaser's business under Chapter 9, Business & Commerce Code; or(2)  has paid all of the consideration due to the first purchaser, including by exchange of oil or gas, net-out, or set-off, under all applicable enforceable contracts in existence at the time of the payment.(b)  The oil and gas lien continues uninterrupted in the proceeds paid to or otherwise due the first purchaser.(c)  Except as provided by this section, an oil and gas lien has priority over the rights of any purchaser.|Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.|