reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 55 - Hospital and Emergency Medical Services Liens › Section 55.003. Property to Which Lien Attaches

Sec. 55.003.  PROPERTY TO WHICH LIEN ATTACHES.  (a)  A lien under this chapter attaches to:
(1)  a cause of action for damages arising from an injury for which the injured individual is admitted to the hospital or receives emergency medical services;
(2)  a judgment of a court in this state or the decision of a public agency in a proceeding brought by the injured individual or by another person entitled to bring the suit in case of the death of the individual to recover damages arising from an injury for which the injured individual is admitted to the hospital or receives emergency medical services;  and
(3)  the proceeds of a settlement of a cause of action or a claim by the injured individual or another person entitled to make the claim, arising from an injury for which the injured individual is admitted to the hospital or receives emergency medical services.
(b)  The lien does not attach to:
(1)  a claim under the workers' compensation law of this state, the Federal Employees Liability Act, or the Federal Longshore and Harbor Workers' Compensation Act;  or
(2)  the proceeds of an insurance policy in favor of the injured individual or the injured individual's beneficiary or legal representative, except public liability insurance carried by the insured that protects the insured against loss caused by an accident or collision.
(c)  A hospital lien described by Section 55.002(a) does not attach to a claim against the owner or operator of a railroad company that maintains or whose employees maintain a hospital in which the injured individual is receiving hospital services.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 55 - Hospital and Emergency Medical Services Liens › Section 55.006. Discharge of Lien

Sec. 55.006.  DISCHARGE OF LIEN.  (a)  To discharge a lien under this chapter, the authorities of the hospital or emergency medical services provider claiming the lien or the person in charge of the finances of the hospital or emergency medical services provider must execute and file with the county clerk of the county in which the lien notice was filed a certificate stating that the debt covered by the lien has been paid or released and authorizing the clerk to discharge the lien.
(b)  The county clerk shall record a memorandum of the certificate and the date it was filed.
(c)  The filing of the certificate and recording of the memorandum discharge the lien.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 55 - Hospital and Emergency Medical Services Liens › Section 55.007. Validity of Release

Sec. 55.007.  VALIDITY OF RELEASE.  (a)  A release of a cause of action or judgment to which a lien under this chapter may attach is not valid unless:
(1)  the charges of the hospital or emergency medical services provider claiming the lien were paid in full before the execution and delivery of the release;
(2)  the charges of the hospital or emergency medical services provider claiming the lien were paid before the execution and delivery of the release to the extent of any full and true consideration paid to the injured individual by or on behalf of the other parties to the release;  or
(3)  the hospital or emergency medical services provider claiming the lien is a party to the release.
(b)  A judgment to which a lien under this chapter has attached remains in effect until the charges of the hospital or emergency medical services provider claiming the lien are paid in full or to the extent set out in the judgment.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 55 - Hospital and Emergency Medical Services Liens › Section 55.008. Records

Sec. 55.008.   RECORDS.  (a)  On request by an attorney for a party by, for, or against whom a claim is asserted for damages arising from an injury, a hospital or emergency medical services provider shall as promptly as possible make available for the attorney's examination its records concerning the services provided to the injured individual.
(b)  The hospital or emergency medical services provider may issue reasonable rules for granting access to its records under this section, but it may not deny access because a record is incomplete.
(c)  The records are admissible, subject to applicable rules of evidence, in a civil suit arising from the injury.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter A. General Provisions › Section 56.001. Definitions

Sec. 56.001.  DEFINITIONS.  In this chapter:
(1)  "Mineral activities" means digging, drilling, torpedoing, operating, completing, maintaining, or repairing an oil, gas, or water well, an oil or gas pipeline, or a mine or quarry.
(2)  "Mineral contractor" means a person who performs labor or furnishes or hauls material, machinery, or supplies used in mineral activities under an express or implied contract with a mineral property owner or with a trustee, agent, or receiver of a mineral property owner.
(3)  "Mineral property owner" means an owner of land, an oil, gas, or other mineral leasehold, an oil or gas pipeline, or an oil or gas pipeline right-of-way.
(4)  "Mineral subcontractor" means a person who:
(A)  furnishes or hauls material, machinery, or supplies used in mineral activities under contract with a mineral contractor or with a subcontractor;
(B)  performs labor used in mineral activities under contract with a mineral contractor;  or
(C)  performs labor used in mineral activities as an artisan or day laborer employed by a subcontractor.
Acts 1983, 68th Leg., p. 3565, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter A. General Provisions › Section 56.002. Lien

Sec. 56.002.  LIEN.  A mineral contractor or subcontractor has a lien to secure payment for labor or services related to the mineral activities.
Acts 1983, 68th Leg., p. 3566, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter A. General Provisions › Section 56.003. Property Subject to Lien

Sec. 56.003.  PROPERTY SUBJECT TO LIEN.  (a)  The following property is subject to the lien:
(1)  the material, machinery, and supplies furnished or hauled by the lien claimant;
(2)  the land, leasehold, oil or gas well, water well, oil or gas pipeline and its right-of-way, and lease for oil and gas purposes for which the labor was performed or material, machinery, or supplies were furnished or hauled, and the buildings and appurtenances on this property;
(3)  other material, machinery, and supplies used for mineral activities and owned by the owner of the property listed in Subdivision (2);  and
(4)  other wells and pipelines used in operations related to oil, gas, and minerals and located on property listed in Subdivision (2).
(b)  A lien created by performing labor or furnishing or hauling material, machinery, or supplies for a leaseholder does not attach to the fee title to the property.
Acts 1983, 68th Leg., p. 3566, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter A. General Provisions › Section 56.004. Priority

Sec. 56.004.  PRIORITY.  (a)  The lien does not affect an encumbrance that attached to land or a leasehold before the lien's inception.
(b)  The lien on material, machinery, supplies, or a specific improvement takes priority over an earlier encumbrance on the land or leasehold on which the material, machinery, supplies, or improvement is placed or located.
Acts 1983, 68th Leg., p. 3567, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter A. General Provisions › Section 56.005. Accrual of Indebtedness

Sec. 56.005.  ACCRUAL OF INDEBTEDNESS.  (a)  The indebtedness for labor performed by the day or week accrues at the end of each week during which the labor is performed.
(b)  The indebtedness for material or services accrues on the date the material or services were last furnished.  All material or services that a person furnishes for the same land, leasehold interest, oil or gas pipeline, or oil or gas pipeline right-of-way are considered to be furnished under a single contract unless more than six months elapse between the dates the material or services are furnished.
Acts 1983, 68th Leg., p. 3567, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter A. General Provisions › Section 56.006. Liability of Owner

Sec. 56.006.  LIABILITY OF OWNER.  An owner of land or a leasehold may not be subjected to liability under this chapter greater than the amount agreed to be paid in the contract for furnishing material or performing labor.
Acts 1983, 68th Leg., p. 3567, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter B. Securing Lien › Section 56.021. Securing Lien

Sec. 56.021.  SECURING LIEN.  (a)  Not later than six months after the day the indebtedness accrues, a person claiming the lien must file an affidavit with the county clerk of the county in which the property is located.
(b)  Not later than the 10th day before the day the affidavit is filed, a mineral subcontractor claiming the lien must serve on the property owner written notice that the lien is claimed.
Acts 1983, 68th Leg., p. 3567, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter B. Securing Lien › Section 56.022. Contents of Affidavit

Sec. 56.022.  CONTENTS OF AFFIDAVIT.  (a)  A lien claimant's affidavit must include:
(1)  the name of the mineral property owner involved, if known;
(2)  the name and mailing address of the claimant;
(3)  the dates of performance or furnishing;
(4)  a description of the land, leasehold interest, pipeline, or pipeline right-of-way involved;  and
(5)  an itemized list of amounts claimed.
(b)  A mineral subcontractor's affidavit must in addition include:
(1)  the name of the person for whom labor was performed or material was furnished or hauled;  and
(2)  a statement that the subcontractor timely served written notice that the lien is claimed on the property owner or the owner's agent, representative, or receiver.
Acts 1983, 68th Leg., p. 3568, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter B. Securing Lien › Section 56.023. Contents of Mineral Subcontractor's Notice

Sec. 56.023.  CONTENTS OF MINERAL SUBCONTRACTOR'S NOTICE.  A mineral subcontractor's notice to the property owner must include the amount of the lien, the name of the person indebted to the subcontractor, and a description of the land, leasehold interest, pipeline, or pipeline right-of-way involved.
Acts 1983, 68th Leg., p. 3568, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter B. Securing Lien › Section 56.024. Filing in New County

Sec. 56.024.  FILING IN NEW COUNTY.  (a)  Not later than the 90th day after the day that property to which the lien has attached is removed from a county in which the lien affidavit covering the property has been filed, the lienholder may file with the clerk of the county to which the property has been moved an itemized inventory of the property showing the unpaid amount due.
(b)  The lien attaches to all property subject to the lien located in a county in which an inventory is filed under this section.
(c)  An inventory filed under this section is notice of the lien's existence.
Acts 1983, 68th Leg., p. 3568, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter C. Enforcement › Section 56.041. Enforcement

Sec. 56.041.  ENFORCEMENT.  (a)  A claimant must enforce the lien within the same time and in the same manner as a mechanic's, contractor's, or materialman's lien under Chapter 53.
(b)  A holder of a prior encumbrance on land or a leasehold is not a necessary party to a suit to foreclose the lien.
Acts 1983, 68th Leg., p. 3569, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter C. Enforcement › Section 56.042. Sale or Removal of Property

Sec. 56.042.  SALE OR REMOVAL OF PROPERTY.  (a)  A mineral property owner, contractor, subcontractor, or purchaser or an agent, trustee, or receiver of one of those persons may not sell property to which the lien has attached or remove it from the land on which it was to be used, unless the lienholder consents in writing.
(b)  On a violation of this section, a lienholder is entitled to possession of the property regardless of where it is found, and the lienholder may have the property sold to satisfy the debt on which the lien is based regardless of whether the debt is due.
Acts 1983, 68th Leg., p. 3569, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter C. Enforcement › Section 56.043. Retention of Payment

Sec. 56.043.  RETENTION OF PAYMENT.  A property owner who is served with a mineral subcontractor's notice may withhold payment to the contractor in the amount claimed until the debt on which the lien is based is settled or determined to be not owed.  The owner is not liable to the subcontractor for more than the amount that the owner owes the original contractor when the notice is received.
Acts 1983, 68th Leg., p. 3569, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter C. Enforcement › Section 56.044. Forfeiture of Leasehold

Sec. 56.044.  FORFEITURE OF LEASEHOLD.  Forfeiture of a leasehold does not impair a lien on material, machinery, supplies, or an improvement located on the leasehold if:
(1)  the lien attached to the property before the leasehold was forfeited;
(2)  the property is not permanently attached to the land;  and
(3)  the lienholder pays the owner of the land the damages caused to the land by removal of the property.
Acts 1983, 68th Leg., p. 3569, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 56 - Liens Against Mineral Property › Subchapter C. Enforcement › Section 56.045. Equitable or Contingent Interest

Sec. 56.045.  EQUITABLE OR CONTINGENT INTEREST.  Failure of an equitable interest to become legal title or nonfulfillment of a condition subsequent on which a legal interest is contingent does not impair a lien on material, machinery, supplies, or an improvement located on the land covered by the equitable interest if the lien attached to the material, machinery, supplies, or improvement before the failure.
Acts 1983, 68th Leg., p. 3570, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 57 - Railroad Laborer's Lien › Section 57.001. Railroad Laborer's Lien

Sec. 57.001.  RAILROAD LABORER'S LIEN.  A mechanic, laborer, or other person who works or uses tools or a team in the construction, operation, or repair of a railroad or railroad equipment has a lien on the railroad and equipment for the amount owed for the labor or the use of the tools or team.
Acts 1983, 68th Leg., p. 3570, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 57 - Railroad Laborer's Lien › Section 57.002. Priority

Sec. 57.002.  PRIORITY.  A lien under this chapter takes priority over all other liens on the same property.
Acts 1983, 68th Leg., p. 3570, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 57 - Railroad Laborer's Lien › Section 57.003. Duration of Lien

Sec. 57.003.  DURATION OF LIEN.  A lien under this chapter ceases to exist 12 months after the day that it is created, unless the lien claimant has sued to foreclose the lien.
Acts 1983, 68th Leg., p. 3570, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 57 - Railroad Laborer's Lien › Section 57.004. Enforcement

Sec. 57.004.  ENFORCEMENT.  A court in a suit to foreclose the lien shall render judgment for the amount due and order to be sold as much of the railroad right-of-way and equipment as is necessary to satisfy the judgment only if:
(1)  the work was performed at the instance of the railroad company or the company's agent, contractor, or subcontractor;  and
(2)  the amount claimed is due.
Acts 1983, 68th Leg., p. 3571, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 57 - Railroad Laborer's Lien › Section 57.005. Venue

Sec. 57.005.  VENUE.  A suit to foreclose a lien under this chapter may be brought in a county in which:
(1)  the work was performed or any part of the cause of action accrued;  or
(2)  the principal office of the railroad company is located.
Acts 1983, 68th Leg., p. 3571, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 57 - Railroad Laborer's Lien › Section 57.006. Parties

Sec. 57.006.  PARTIES.  Holders of other liens on the same property are not necessary parties to a suit to foreclose a lien under this chapter but may intervene in the suit.
Acts 1983, 68th Leg., p. 3571, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 58 - Farm, Factory, and Store Worker's Liens › Section 58.001. Definitions

Sec. 58.001.  DEFINITIONS.  In this chapter:
(1)  "Employer" means a person with whom a worker contracts, directly or through an agent, receiver, or trustee of the person, for the performance of labor or a service by the worker.  The contract may be oral or in writing.
(2)  "Worker" means a clerk, accountant, bookkeeper, waiter, waitress, cook, maid, porter, servant, employee, artisan, craftsman, factory operator, mill operator, mechanic, quarry worker, common laborer, or farmhand.
Acts 1983, 68th Leg., p. 3571, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 58 - Farm, Factory, and Store Worker's Liens › Section 58.002. Lien

Sec. 58.002.  LIEN.  (a)  A worker has a lien as provided by this chapter if, under the contract with the employer, the worker:
(1)  labors or performs a service in an office, store, hotel, rooming house or boardinghouse, restaurant, shop, factory, mine, quarry, or mill or on a farm;  or
(2)  performs a service:
(A)  in cutting, preparing, hauling, or transporting logs or timber to a place of disposition;
(B)  on a means of transportation of logs or timber;  or
(C)  in constructing or maintaining a tram or railroad constructed or used for transporting logs or timber to their owner or a point of disposition.
(b)  The amount of the lien is the amount owed under the contract.
Acts 1983, 68th Leg., p. 3572, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 58 - Farm, Factory, and Store Worker's Liens › Section 58.003. Property Subject to Lien

Sec. 58.003.  PROPERTY SUBJECT TO LIEN.  Each thing of value owned by or in the possession or control of the employer or the employer's agent, receiver, or trustee is subject to the lien if:
(1)  created in whole or part by the lien claimant's work;
(2)  used by or useful to the lien claimant in the performance of the work;  or
(3)  necessarily connected with the performance of the work.
Acts 1983, 68th Leg., p. 3572, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 58 - Farm, Factory, and Store Worker's Liens › Section 58.004. Securing Lien

Sec. 58.004.  SECURING LIEN.  (a)  Not later than the 30th day after the day that the indebtedness accrues, a worker who has not received payment for work performed and who wishes to claim the lien must:
(1)  serve a copy of an account of the services, stating the amount due, on the employer or the employer's agent, receiver, or trustee;  and
(2)  file a copy of the account with the county clerk of the county in which the services were performed.
(b)  The party making an account must execute an affidavit verifying the contents of the account.
(c)  Substantial compliance with this section secures the lien.
Acts 1983, 68th Leg., p. 3572, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 58 - Farm, Factory, and Store Worker's Liens › Section 58.005. Priority

Sec. 58.005.  PRIORITY.  (a)  A lien under this chapter is a first lien, except that a farmhand's lien is subordinate to a landlord's lien provided by law.
(b)  Liens under this chapter take priority in the order that the accounts are filed with the county clerk.
Acts 1983, 68th Leg., p. 3573, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 58 - Farm, Factory, and Store Worker's Liens › Section 58.006. Duration of Lien

Sec. 58.006.  DURATION OF LIEN.  The lien ceases to exist six months after the day that it is secured unless the lien claimant has sued to foreclose the lien.
Acts 1983, 68th Leg., p. 3573, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 58 - Farm, Factory, and Store Worker's Liens › Section 58.007. Purchase of Property to Which Lien Has Attached

Sec. 58.007.  PURCHASE OF PROPERTY TO WHICH LIEN HAS ATTACHED.  (a)  A person who purchases from its owner property to which the lien has attached and who has no actual or constructive notice of the lien takes the property free from the lien.
(b)  An account filed with the county clerk under this chapter or a suit to foreclose a lien is constructive notice of the lien's existence.
Acts 1983, 68th Leg., p. 3573, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 58 - Farm, Factory, and Store Worker's Liens › Section 58.008. Assignment of Lien

Sec. 58.008.  ASSIGNMENT OF LIEN.  The lien may be assigned.  An assignee receives the rights and privileges held by the assignor under the lien.
Acts 1983, 68th Leg., p. 3573, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 58 - Farm, Factory, and Store Worker's Liens › Section 58.009. Payment of Wages

Sec. 58.009.  PAYMENT OF WAGES.  For purposes of this chapter, wages are due weekly for work performed by the day or week and monthly for work performed by the month, and an employer shall pay wages in United States legal tender.
Acts 1983, 68th Leg., p. 3573, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.001. Definitions

Sec. 59.001.  DEFINITIONS.  In this chapter:
(1)  "Lessor" means an owner, lessor, sublessor, or managing agent of a self-service storage facility.
(1-a)  "Military service" means:
(A)  military service as defined by Section 101, Servicemembers Civil Relief Act (50 U.S.C. App. Section 511); and
(B)  active duty service for a period of more than 30 consecutive days as a member of the Texas State Guard or Texas National Guard under the call of the governor.
(2)  "Rental agreement" means a written or oral agreement that establishes or modifies the terms of use of a self-service storage facility.
(3)  "Self-service storage facility" means real property that is rented to be used exclusively for storage of property and is cared for and controlled by the tenant.
(4)  "Tenant" means a person entitled under a rental agreement to the exclusive use of storage space at a self-service storage facility.
(4-a)  "Vehicle storage facility" has the meaning assigned by Section 2303.002, Occupations Code.
(5)  "Verified mail" means any method of mailing that provides evidence of mailing.
Acts 1983, 68th Leg., p. 3574, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 405 (S.B. 690), Sec. 1, eff. January 1, 2012.
Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.002. Applicability

Sec. 59.002.  APPLICABILITY.  This chapter applies to a self-service storage facility rental agreement that is entered into, extended, or renewed after September 1, 1981.
Acts 1983, 68th Leg., p. 3574, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.003. Applicability of Other Statutes

Sec. 59.003.  APPLICABILITY OF OTHER STATUTES.  (a)  The following provisions do not apply to a self-service storage facility:
(1)  Subchapter B, Chapter 54;
(2)  Chapter 70; and
(3)  Chapter 181, Health and Safety Code.
(b)  Unless a lessor issues a warehouse receipt, bill of lading, or other document of title relating to property stored at the facility, the following statutes do not apply to a self-service storage facility:
(1)  Chapter 7, Business & Commerce Code, as amended;  and
(2)  Chapter 14, Agriculture Code.
Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2001, 77th Leg., ch. 1124, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 405 (S.B. 690), Sec. 2, eff. January 1, 2012.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.004. Variation by Agreement and Waiver

Sec. 59.004.  VARIATION BY AGREEMENT AND WAIVER.  Except as expressly provided by this chapter, a lessor or tenant may not vary the provisions of this chapter by agreement or waive rights conferred by this chapter.
Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.005. Damages for Violation

Sec. 59.005.  DAMAGES FOR VIOLATION.  A person injured by a violation of this chapter may sue for damages under the Deceptive Trade Practices--Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code).
Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.006. Attachment and Priority of Lien

Sec. 59.006.  ATTACHMENT AND PRIORITY OF LIEN.  A lien under this chapter attaches on the date the tenant places the property at the self-service storage facility.  The lien takes priority over all other liens on the same property.
Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.007. Purchase of Property

Sec. 59.007.  PURCHASE OF PROPERTY.  A good faith purchaser of property sold to satisfy a lien under this chapter takes the property free of a claim by a person against whom the lien was valid, regardless of whether the lessor has complied with this chapter.
Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.008. Redemption

Sec. 59.008.  REDEMPTION.  A tenant may redeem property seized under a judicial order or a contractual landlord's lien prior to its sale or other disposition by paying the lessor the amount of the lien and the lessor's reasonable expenses incurred under this chapter.
Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.009. Residential Use

Sec. 59.009.  RESIDENTIAL USE.  A tenant may not use or allow the use of a self-service storage facility as a residence.
Acts 1983, 68th Leg., p. 3576, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter A. General Provisions › Section 59.010. Rights of Certain Military Members

Sec. 59.010.  RIGHTS OF CERTAIN MILITARY MEMBERS.  (a)  In this section, "servicemember" has the meaning assigned by Section 101, Servicemembers Civil Relief Act (50 U.S.C. App. Section 511).
(b)  A member of the Texas State Guard or Texas National Guard who is in military service is entitled to the same protections and rights relating to the enforcement of storage liens under the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.) to which a servicemember is entitled.
Added by Acts 2011, 82nd Leg., R.S., Ch. 405 (S.B. 690), Sec. 3, eff. January 1, 2012.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter B. Lien › Section 59.021. Lien; Property Attached

Sec. 59.021.  LIEN;  PROPERTY ATTACHED.  A lessor has a lien on all property in a self-service storage facility for the payment of charges that are due and unpaid by the tenant.
Acts 1983, 68th Leg., p. 3576, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 117, Sec. 12(a), eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter C. Enforcement of Lien › Section 59.041. Enforcement of Lien

Sec. 59.041.  ENFORCEMENT OF LIEN.  (a)  Except as provided by Subsection (b) of this section, a lessor may enforce a lien under this chapter only under a judgment by a court of competent jurisdiction that forecloses the lien and orders the sale of the property to which it is attached.
(b)  A lessor may enforce a lien under this chapter by seizing and selling the property to which the lien is attached if:
(1)  the seizure and sale are made under the terms of a contractual landlord's lien as underlined or printed in conspicuous bold print in a written rental agreement between the lessor and tenant;  and
(2)  the seizure and sale are made in accordance with this chapter.
Acts 1983, 68th Leg., p. 3576, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 117, Sec. 12(c), eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter C. Enforcement of Lien › Section 59.042. Procedure for Seizure and Sale

Sec. 59.042.  PROCEDURE FOR SEIZURE AND SALE.  (a)  A lessor who wishes to enforce a contractual landlord's lien by seizing and selling or otherwise disposing of the property to which it is attached must deliver written notice of the claim to the tenant.
(b)  If the tenant fails to satisfy the claim on or before the 14th day after the date the notice is delivered, the lessor must publish or post notices advertising the sale as provided by this subchapter.
(c)  If notice is by publication, the lessor may not sell the property until the 15th day after the date the notice is first published.  If notice is by posting, the lessor may sell the property after the 10th day after the date the notices are posted.
Acts 1983, 68th Leg., p. 3576, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 5, eff. Oct. 2, 1984;  Acts 1985, 69th Leg., ch. 117, Sec. 12(d), eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 405 (S.B. 690), Sec. 4, eff. January 1, 2012.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter C. Enforcement of Lien › Section 59.043. Contents and Delivery of Notice of Claim; Information Regarding Tenant's Military Service

Sec. 59.043.  CONTENTS AND DELIVERY OF NOTICE OF CLAIM; INFORMATION REGARDING TENANT'S MILITARY SERVICE.  (a)  The lessor's notice to the tenant of the claim must contain:
(1)  an itemized account of the claim;
(2)  the name, address, and telephone number of the lessor or the lessor's agent;
(3)  a statement that the contents of the self-service storage facility have been seized under the contractual landlord's lien;
(4)  a statement that if the tenant fails to satisfy the claim on or before the 14th day after the date the notice is delivered, the property may be, as applicable:
(A)  sold at public auction under this subchapter; or
(B)  towed to a vehicle storage facility and disposed of by the vehicle storage facility under Subchapter D, Chapter 2303, Occupations Code; and
(5)  a statement underlined or printed in conspicuous bold print requesting a tenant who is in military service to notify the lessor of the status of the tenant's current military service immediately.
(b)  A lessor may require written proof of a tenant's military service in the form of documentation from the United States Department of Defense or other documentation reasonably acceptable to the lessor.
(c)  Subject to Subsection (d), the lessor must deliver the notice in person or by e-mail or verified mail to the tenant's last known e-mail or postal address as stated in the rental agreement or in a written notice from the tenant to the lessor furnished after the execution of the rental agreement.  Notice by verified mail is considered delivered when the notice, properly addressed with postage prepaid, is deposited with the United States Postal Service or a common carrier.  Notice by e-mail is considered delivered when sent to the last known e-mail address of the tenant.
(d)  The notice may not be sent by e-mail unless a written rental agreement between the lessor and the tenant contains language underlined or in conspicuous bold print that notice may be given by e-mail if the tenant elects to provide an e-mail address.
Acts 1983, 68th Leg., p. 3577, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 405 (S.B. 690), Sec. 5, eff. January 1, 2012.
Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter C. Enforcement of Lien › Section 59.044. Notice of Sale

Sec. 59.044.  NOTICE OF SALE.  (a)  The notice advertising the sale must contain:
(1)  a general description of the property;
(2)  a statement that the property is being sold to satisfy a landlord's lien;
(3)  the tenant's name;
(4)  the address of the self-service storage facility;  and
(5)  the time, place, and terms of the sale.
(a-1)  For the purposes of Subsection (a)(5), the place of a sale is:
(1)  the physical address of the location of the sale if the sale is conducted at the self-service storage facility or a reasonably near public place; or
(2)  the address of the Internet website if the sale is conducted through an Internet website.
(b)  The lessor must publish the notice once in each of two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located.  If there is not a newspaper of general circulation in the county, the lessor may instead post a copy of the notice at the self-service storage facility and at least five other conspicuous locations near the facility.
Acts 1983, 68th Leg., p. 3577, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 203 (S.B. 952), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter C. Enforcement of Lien › Section 59.045. Conduct of Sale

Sec. 59.045.  CONDUCT OF SALE.  (a)  A sale under this subchapter must be a public sale:
(1)  conducted at the self-service storage facility or a reasonably near public place; or
(2)  conducted through an Internet website accessible to the public.
(b)  The lessor must conduct the sale according to the terms specified in the notice advertising the sale and sell the property to the highest bidder.
Acts 1983, 68th Leg., p. 3578, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 203 (S.B. 952), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter C. Enforcement of Lien › Section 59.046. Excess Proceeds of Sale

Sec. 59.046.  EXCESS PROCEEDS OF SALE.  If the proceeds of a sale under this subchapter are greater than the amount of the lien and the reasonable expenses of the sale, the lessor shall deliver written notice of the excess to the tenant's last known address as stated in the rental agreement or in a written notice from the tenant to the lessor furnished after the execution of the rental agreement.  The lessor shall retain the excess and deliver it to the tenant if the tenant requests it before two years after the date of the sale.  If the tenant does not request the excess before two years after the date of the sale, the lessor owns the excess.
Acts 1983, 68th Leg., p. 3578, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter D. Towing of Certain Property to Vehicle Storage Facility › Section 59.051. Applicability

Sec. 59.051.  APPLICABILITY.  This subchapter applies only to property that is:
(1)  a motor vehicle, trailer, or semitrailer for which a title or registration is required under Chapter 501 or 502, Transportation Code;
(2)  a motorboat, vessel, or outboard motor for which a certificate of title is required under Subchapter B, Chapter 31, Parks and Wildlife Code; or
(3)  a motor vehicle, trailer, semitrailer, motorboat, vessel, or outboard motor registered or titled outside this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter D. Towing of Certain Property to Vehicle Storage Facility › Section 59.052. Transfer of Certain Property to Vehicle Storage Facility

Sec. 59.052.  TRANSFER OF CERTAIN PROPERTY TO VEHICLE STORAGE FACILITY.  Notwithstanding Subchapter C, a lessor who takes possession of property to which this subchapter applies to enforce a lien under this chapter may transfer possession of the property and have the property towed to a vehicle storage facility for disposition by the vehicle storage facility under Subchapter D, Chapter 2303, Occupations Code, if:
(1)  the transfer of possession and towing is authorized under a written rental agreement between the lessor and tenant;
(2)  the lessor gives written notice of the lessor's claim to the tenant as required under Section 59.042(a) in the manner prescribed by Section 59.043;
(3)  the tenant fails to satisfy the claim on or before the 14th day after the date the notice required under Section 59.042(a) is delivered in the manner prescribed by Section 59.043; and
(4)  the vehicle storage facility agrees in writing to accept possession of the property.
Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter D. Towing of Certain Property to Vehicle Storage Facility › Section 59.053. Lien Extinguished

Sec. 59.053.  LIEN EXTINGUISHED.  A lessor's lien on property towed to a vehicle storage facility under Section 59.052 is extinguished when the property is towed from the self-service storage facility.
Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter D. Towing of Certain Property to Vehicle Storage Facility › Section 59.054. Other Rights and Remedies Not Affected

Sec. 59.054.  OTHER RIGHTS AND REMEDIES NOT AFFECTED.  Except as provided by Section 59.053, this subchapter does not affect any right or remedy of the lessor at law or in equity.
Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 59 - Self-Service Storage Facility Liens › Subchapter D. Towing of Certain Property to Vehicle Storage Facility › Section 59.055. Lessor's Liability for Property

Sec. 59.055.  LESSOR'S LIABILITY FOR PROPERTY.  A lessor is not liable to a tenant for any damage to property that the lessor has towed under Section 59.052 that occurs during the tow or after the property is towed from the self-service storage facility.
Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 60 - Newspaper Employee's Lien › Section 60.001. Lien

Sec. 60.001.  LIEN.  A worker in the editorial, reportorial, advertising, or business department of a newspaper, periodical, or other publication who labors or performs a service for the publication under a written or an oral contract with any person has a first lien under this chapter for the amount due under the contract.
Acts 1983, 68th Leg., p. 3578, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 60 - Newspaper Employee's Lien › Section 60.002. Property Subject to Lien

Sec. 60.002.  PROPERTY SUBJECT TO LIEN.  The lien attaches to all products, papers, machinery, tools, fixtures, appurtenances, goods, wares, merchandise, subscription contracts, chattels, or other things of value that are created wholly or partly by the labor of the workers or that are necessarily connected with the performance of their labor or service and that are owned by or in possession of the person with whom the workers contracted.
Acts 1983, 68th Leg., p. 3578, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 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.
2023 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.
2023 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.
2023 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.