reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 67 - Oil and Gas Liens › Section 67.016. Liberal Construction of Interest Owner Rights

Sec. 67.016.  LIBERAL CONSTRUCTION OF INTEREST OWNER RIGHTS.  The rights of the interest owner shall be liberally construed to give the interest owner the most comprehensive protection to secure the receipt by the interest owner of the sales price.
Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 67 - Oil and Gas Liens › Section 67.017. Conflict of Laws

Sec. 67.017.  CONFLICT OF LAWS.  To the extent of a conflict between the provisions of this chapter and other law, this chapter prevails.
Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter A. General Provisions › Section 68.001. Definitions

Sec. 68.001.  DEFINITIONS.  In this chapter:
(1)  "Beneficial interest," "investigative agency," "local prosecutor," and "real property" have the meanings assigned by Section 140B.001, Civil Practice and Remedies Code.
(2)  "RICO lien notice" means a lien notice filed under Section 68.051 or 68.052.
(3)  "Trustee":
(A)  means:
(i)  a person acting as trustee under a trust established under the Texas Trust Code (Subtitle B, Title 9, Property Code) in which the trustee holds legal or record title to real property;
(ii)  a person who holds legal or record title to real property in which another person has a beneficial interest; or
(iii)  a successor trustee to a person described by Subparagraph (i) or (ii); and
(B)  does not include a person appointed or acting as a personal representative as defined by Section 22.031, Estates Code, or appointed or acting as a trustee of a testamentary trust or as a trustee of an indenture of trust under which any bonds have been or are to be issued.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.051. General Rico Lien Notice

Sec. 68.051.  GENERAL RICO LIEN NOTICE.  (a)  On the institution by an investigative agency of a civil action brought under Chapter 140B, Civil Practice and Remedies Code, the investigative agency, then or at any time during the pendency of the action, may file a RICO lien notice in the official records of any one or more counties.  The attorney general must receive the consent of the applicable local prosecutor before filing a RICO lien.
(b)  A filing fee or other charge may not be required as a condition for filing the RICO lien notice, and the clerk of the district court, on the presentation of a RICO lien notice, shall immediately record it in the official records.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.053. Format of Notice

Sec. 68.053.  FORMAT OF NOTICE.  (a)  A RICO lien notice must be signed by the attorney general or the attorney general's designee or by a local prosecutor or the local prosecutor's designee.
(b)  A RICO lien notice must be in the form prescribed by the attorney general and must include:
(1)  the name of the person against whom a civil action has been brought under Chapter 140B, Civil Practice and Remedies Code, and at the discretion of the investigative agency may also include any other aliases, names, or fictitious names under which the person may be known and any corporation, partnership, or other entity that is either controlled or entirely owned by the person;
(2)  if known to the investigative agency, the current residence and business addresses of the person named in the notice and of the other names included in the notice;
(3)  a reference to an applicable civil action, stating:
(A)  that an action under Chapter 140B, Civil Practice and Remedies Code, has been brought against the person named in the notice;
(B)  the name of each county in which the action has been brought; and
(C)  if known to the investigative agency at the time of filing the notice, the cause number of the action;
(4)  a statement that the notice is being filed under this chapter; and
(5)  the name and address of the investigative agency filing the notice and the name of the individual signing the notice.
(c)  A RICO lien notice must apply only to one person and, to the extent applicable, any other aliases, names, or fictitious names of that person, including the names of corporations, partnerships, or other entities, to the extent permitted by Subsection (b)(1).  A separate notice must be filed for each person against whom the investigative agency desires to file a RICO lien notice under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.054. Service of Notice

Sec. 68.054.  SERVICE OF NOTICE.  (a)  An investigative agency shall, as soon as practicable after the filing of each RICO lien notice, provide to the person named in the notice:
(1)  a copy of the recorded notice; or
(2)  a copy of the notice that states each county in which the notice has been recorded.
(b)  The failure of the investigative agency to provide a copy of a RICO lien notice under this section does not invalidate or otherwise affect the notice.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.055. Creation and Priority of Rico Lien

Sec. 68.055.  CREATION AND PRIORITY OF RICO LIEN.  (a)  Filing a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice:
(1)  any real property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and
(2)  any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person or under any of the names.
(b)  The lien shall commence and attach as of the time of filing of a RICO lien notice and shall continue thereafter until expiration, termination, or release of the notice under this subchapter.  The lien created in favor of the state is superior to the interest of any other person in the real property or beneficial interest if the interest is acquired subsequent to the filing of the notice.
(c)  For purposes of this section, a beneficial interest is considered to be located where real property owned by the trustee is located.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.056. Lis Pendens; Interests of Persons Acquiring Interest in Property

Sec. 68.056.  LIS PENDENS; INTERESTS OF PERSONS ACQUIRING INTEREST IN PROPERTY.  (a)  In conjunction with a civil action brought under Chapter 140B, Civil Practice and Remedies Code, an investigative agency may file without prior court order in any county a notice of lis pendens under Section 12.007.  In such case, a person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of the notice of lis pendens, shall take the interest subject to the civil action and any subsequent judgment of forfeiture.
(b)  In conjunction with a civil action brought under Chapter 140B, Civil Practice and Remedies Code, if a RICO lien notice has been filed, an investigative agency may name as a defendant, in addition to the person named in the notice, any person acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice.  If a judgment of forfeiture is entered in the action in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.057. Duties of Trustee; Criminal Offense

Sec. 68.057.  DUTIES OF TRUSTEE; CRIMINAL OFFENSE.  (a)  A trustee who acquires actual knowledge that a RICO lien notice or a civil action brought under Chapter 140B, Civil Practice and Remedies Code, or criminal proceeding brought under Chapter 72, Penal Code, has been filed against a person for whom the trustee holds legal or record title to real property shall immediately furnish to the appropriate investigative agency:
(1)  the name and address of the person, as known to the trustee;
(2)  the name and address, as known to the trustee, of each other person for whose benefit the trustee holds title to the real property; and
(3)  if requested by the investigative agency, a copy of the trust agreement or other instrument under which the trustee holds legal or record title to the real property.
(b)  A trustee who violates this section commits an offense. An offense under this subsection is a Class B misdemeanor.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.058. Liability of Trustee for Conveyance of Title

Sec. 68.058.  LIABILITY OF TRUSTEE FOR CONVEYANCE OF TITLE.  (a)  A trustee who conveys title to real property for which, at the time of the conveyance, a RICO lien notice naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust has been filed in the county where the real property is situated is liable to the state for the greatest of:
(1)  the amount of proceeds received directly by the person named in the notice as a result of the conveyance;
(2)  the amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the notice; or
(3)  the fair market value of the interest of the person named in the notice in the real property conveyed.
(b)  Notwithstanding Subsection (a)(3), if a trustee conveys the real property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or the beneficiary's designee, the trustee's liability does not exceed the amount of the proceeds held for so long as the proceeds are held by the trustee.
(c)  An investigative agency may bring a civil action in any district court against a trustee to recover from the trustee the amount described by Subsection (a) and is entitled to recover investigative costs and attorney's fees incurred by the investigative agency.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.059. Effect on Trust of Rico Lien Notice

Sec. 68.059.  EFFECT ON TRUST OF RICO LIEN NOTICE.  (a)  The filing of a RICO lien notice does not constitute a lien on the record title to real property as owned by a trustee except to the extent that the trustee is named in the notice.
(b)  The filing of a RICO lien notice does not affect the use to which real property or a beneficial interest owned by the person named in the notice may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.060. Trust Exceptions

Sec. 68.060.  TRUST EXCEPTIONS.  (a)  This chapter does not apply to a conveyance by a trustee under a court order, unless that court order is entered in an action between the trustee and the beneficiary.
(b)  Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil action brought under Chapter 140B, Civil Practice and Remedies Code, this subchapter does not apply to a conveyance by the trustee:
(1)  required under the terms of the trust agreement that is a matter of public record before the filing of the lien notice; or
(2)  to all of the persons who own beneficial interests in the trust.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.061. Rights of Innocent Persons

Sec. 68.061.  RIGHTS OF INNOCENT PERSONS.  All forfeitures or dispositions under this chapter must be made with due provision for the rights of innocent persons.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.062. Expiration, Renewal, and Release of Rico Lien Notice

Sec. 68.062.  EXPIRATION, RENEWAL, AND RELEASE OF RICO LIEN NOTICE.  (a)  Unless renewed by the investigative agency, a RICO lien notice expires on the sixth anniversary of the date it was filed.  If the investigative agency renews the notice, the notice expires on the sixth anniversary of the date it was renewed.  The investigative agency may renew the notice only once.
(b)  The investigative agency filing a RICO lien notice may wholly or partly release the notice or may release any specific real property or beneficial interest from the notice on the investigative agency's own terms. A release of the notice may be filed in the official records of any county. A charge or fee may not be imposed for the filing of the release.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.063. Effect of Criminal Case on Rico Lien Notice

Sec. 68.063.  EFFECT OF CRIMINAL CASE ON RICO LIEN NOTICE.  If a civil action has not been brought by an investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in a criminal proceeding brought under Chapter 72, Penal Code, of the person named in the notice or the dismissal of the criminal proceeding terminates the notice and, in such case, the filing of the notice is void.  If the criminal proceeding has been dismissed or the person named in the notice has been acquitted in the criminal proceeding, the notice continues for the duration of a civil action brought under Chapter 140B, Civil Practice and Remedies Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 68 - Rico Liens › Subchapter B. Rico Lien Notice › Section 68.064. Termination or Release of Rico Lien Notice by Court

Sec. 68.064.  TERMINATION OR RELEASE OF RICO LIEN NOTICE BY COURT.  (a)  If a civil action brought under Chapter 140B, Civil Practice and Remedies Code, is not pending against a person named in a RICO lien notice, the person may bring an action in the county where the notice has been filed against the investigative agency that filed the notice seeking a release or extinguishment of the notice.
(b)  In an action brought under this section, the court shall, on the motion of the person named in the RICO lien notice, immediately enter an order setting a date for hearing that is not earlier than the fifth day and not later than the 10th day after the date the action is filed, and the order and a copy of the complaint shall be served on the investigative agency not later than the third day after the date the action is filed.
(c)  At the hearing set under Subsection (b), the court shall take evidence on the issue of whether any real property or beneficial interest owned by the person named in the RICO lien notice is covered by the notice or is otherwise subject to forfeiture under Chapter 140B, Civil Practice and Remedies Code.
(d)  If, at the hearing under Subsection (b), the person named in the RICO lien notice shows by a preponderance of the evidence that the notice is not applicable to the person or that any real property or beneficial interest owned by the person is not subject to forfeiture under Chapter 140B, Civil Practice and Remedies Code, the court shall enter a judgment terminating the notice or releasing the real property or beneficial interest from the notice.
(e)  A court shall immediately enter its order releasing from a RICO lien notice any specific real property or beneficial interest if a sale of that real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest.  Proceeds resulting from the sale of that real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court.
(f)  At the hearing under Subsection (b), the court may release any real property or beneficial interest from the RICO lien notice, on the posting by the person named in the notice of security that is equal to the value of the real property or beneficial interest owned by the person.
(g)  If a civil action brought under Chapter 140B, Civil Practice and Remedies Code, is pending against a person named in a RICO lien notice, the court on motion by the person may grant the relief described by this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter A. Possessory Liens › Section 70.002. Liens on Garments

Sec. 70.002.  LIENS ON GARMENTS.  A person with whom a garment is left for repair, alteration, dyeing, cleaning, laundering, or pressing may retain possession of the garment until:
(1)  the amount due the person under the contract for the work is paid;  or
(2)  if no amount is specified by contract, the reasonable and usual compensation is paid.
Acts 1983, 68th Leg., p. 3580, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter A. Possessory Liens › Section 70.007. Unclaimed Excess

Sec. 70.007.  UNCLAIMED EXCESS.  (a)  If a person entitled to excess proceeds under this subchapter is not known or has moved from this state or the county in which the lien accrued, the person holding the excess shall pay it to the county treasurer of the county in which the lien accrued.  The treasurer shall issue the person a receipt for the payment.
(b)  If the person entitled to the excess does not claim it before two years after the day it is paid to the treasurer, the excess becomes a part of the county's general fund.
Acts 1983, 68th Leg., p. 3582, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter A. Possessory Liens › Section 70.008. Attorney's Fees

Sec. 70.008.  ATTORNEY'S FEES.  The court in a suit concerning possession of a motor vehicle, motorboat, vessel, or outboard motor and a debt due on it may award reasonable attorney's fees to the prevailing party.
Acts 1983, 68th Leg., p. 3582, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 6(e), eff. Oct. 2, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter A. Possessory Liens › Section 70.009. Plastic Fabricator Liens

Sec. 70.009.  PLASTIC FABRICATOR LIENS.  (a)  A plastic fabricator has a lien on any die, mold, form, or pattern in his possession that belongs to a customer for the amount due from the customer for plastic fabrication work performed with the die, mold, form, or pattern.  The plastic fabricator may retain possession of the die, mold, form, or pattern until the amount due is paid.
(b)  In this section:
(1)  "Customer" means a person who contracts with or causes a plastic fabricator to use a die, mold, form, or pattern to manufacture, assemble, or otherwise make a plastic product or products.
(2)  "Plastic fabricator" means a person, including a tool or die maker, who manufactures or causes to be manufactured, or who assembles or improves, a die, form, mold, or pattern for a customer, or who uses or contracts to use a die, mold, form, or pattern to manufacture, assemble, or otherwise make a plastic product or products for a customer.
Added by Acts 1985, 69th Leg., ch. 357, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter A. Possessory Liens › Section 70.010. Liens for Veterinary Care Charges for Large Animals

Sec. 70.010.  LIENS FOR VETERINARY CARE CHARGES FOR LARGE ANIMALS.  (a)  In this section, "large animal" means exotic livestock or a cow, horse, mule, ass, sheep, goat, llama, alpaca, farm elk, or hog.  The term does not include a common household pet such as a cat or dog.
(b)  A veterinarian licensed under Chapter 801, Occupations Code, has a lien on a large animal and the proceeds from the disposition of the large animal to secure the cost of veterinary care the veterinarian provided to the large animal.
(c)  A lien under this section:
(1)  attaches on the 20th day after the date the veterinarian first provides care to the large animal;
(2)  attaches regardless of whether the veterinarian retains possession of the large animal;
(3)  takes priority over all other liens on the large animal for the period during which the veterinarian retains possession of the large animal, regardless of whether the lien under this section was created or perfected after the date on which another lien was created or perfected, if the veterinarian retains possession; and
(4)  has the priority with respect to other liens as provided by Subchapter C, Chapter 9, Business & Commerce Code, if the veterinarian does not retain possession.
(d)  The veterinarian may retain possession of a large animal under this section and enforce a lien under this section as provided by Section 70.005(c).
(e)  A veterinarian who does not retain possession of a large animal under this section may enforce a lien under this section in the same manner as a statutory residential landlord's lien.
Added by Acts 2009, 81st Leg., R.S., Ch. 1387 (S.B. 1806), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter B. Liens on Vessels › Section 70.101. General Lien on Vessels

Sec. 70.101.  GENERAL LIEN ON VESSELS.  A person who furnishes supplies or materials or who performs repairs or labor for or on account of a domestic vessel that is owned in whole or part in this state has a lien for the person's charges.
Acts 1983, 68th Leg., p. 3582, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter B. Liens on Vessels › Section 70.102. Lien of Navigation District or Port

Sec. 70.102.  LIEN OF NAVIGATION DISTRICT OR PORT.  (a)  A navigation district or port within the territorial limits of this state that furnishes supplies or materials, performs repairs or labor, or provides a facility or service for which charges are specified in its official published port tariff for or on account of a domestic vessel that is owned in whole or part in this state has a maritime lien for the amount of its charges.
(b)  A lien under this section may be enforced in rem.  A plaintiff in an action to enforce the lien need not allege or prove that credit was given to the vessel.
Acts 1983, 68th Leg., p. 3582, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter B. Liens on Vessels › Section 70.103. Property Subject to Lien

Sec. 70.103.  PROPERTY SUBJECT TO LIEN.  A lien under this subchapter attaches to the vessel and its tackle, apparel, furniture, and freight money.
Acts 1983, 68th Leg., p. 3583, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter B. Liens on Vessels › Section 70.104. Persons Who May Bind Vessel

Sec. 70.104.  PERSONS WHO MAY BIND VESSEL.  (a)  The following persons are presumed to be authorized by the owner of a vessel to incur charges that give rise to a lien under this subchapter:
(1)  the managing owner;
(2)  the ship's husband;
(3)  the master;
(4)  the local agent;  and
(5)  a person entrusted with management of the vessel at the port of supply.
(b)  A person tortiously or unlawfully in possession or charge of a vessel may not bind the vessel.
Acts 1983, 68th Leg., p. 3583, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter C. Stock Breeder's Lien › Section 70.201. Stock Breeder's Lien

Sec. 70.201.  STOCK BREEDER'S LIEN.  An owner or keeper of a stallion, jack, bull, or boar confined to be bred for profit has a preference lien on the offspring of the animal for the amount of the charges for the breeding services, unless the owner or keeper misrepresents the animal by false pedigree.
Acts 1983, 68th Leg., p. 3583, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter C. Stock Breeder's Lien › Section 70.202. Enforcement of Lien

Sec. 70.202.  ENFORCEMENT OF LIEN.  The lien may be enforced in the same manner as a statutory landlord's lien.  The lien remains in force for 10 months from the day that the offspring is born, but the lien may not be enforced until five months after the date of birth of the offspring.
Acts 1983, 68th Leg., p. 3583, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter D. Aircraft Repair and Maintenance Lien › Section 70.301. Lien

Sec. 70.301.  LIEN.  (a)  A person who stores, fuels, repairs, or performs maintenance work on an aircraft has a lien on the aircraft for:
(1)  the amount due under a contract for the storage, fuel, repairs, or maintenance work;  or
(2)  if no amount is specified by contract, the reasonable and usual compensation for the storage, fuel, repairs, or maintenance work.
(b)  This subchapter applies to a contract for storage only if it is:
(1)  written;  or
(2)  oral and provides for a storage period of at least 30 days.
Added by Acts 1989, 71st Leg., ch. 250, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 946, Sec. 1, eff. Aug. 28, 1995;  Acts 2001, 77th Leg., ch. 1171, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter D. Aircraft Repair and Maintenance Lien › Section 70.302. Possession

Sec. 70.302.  POSSESSION.  (a)  A holder of a lien under this subchapter may retain possession of the aircraft subject to the lien until the amount due is paid.
(b)  Except as provided by Subsection (c), if the holder of a lien under this subchapter relinquishes possession of the aircraft before the amount due is paid, the person may retake possession of the aircraft as provided by Section 9.609, Business & Commerce Code.
(c)  The holder of a lien under this subchapter may not retake possession of the aircraft from a bona fide purchaser for value who purchases the aircraft without knowledge of the lien before the date the lien is recorded under Section 70.303.
Added by Acts 1989, 71st Leg., ch. 250, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.41, eff. July 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter D. Aircraft Repair and Maintenance Lien › Section 70.303. Recording of Lien: Aircraft Registered in United States

Sec. 70.303.  RECORDING OF LIEN:  AIRCRAFT REGISTERED IN UNITED STATES.  A holder of a lien under this subchapter may record the lien on the aircraft by filing with the Federal Aviation Administration Aircraft Registry not later than the 180th day after the date of the completion of the contractual storage period or the performance of the last repair or maintenance a verified document in the form and manner required by applicable federal laws and regulations that states:
(1)  the name, address, and telephone number of the holder of the lien under this subchapter;
(2)  the amount due for storage, fuel, repairs, or maintenance;
(3)  a complete description of the aircraft;  and
(4)  the name and address of the owner of the aircraft and the number assigned the aircraft by the Federal Aviation Administration, if known.
Added by Acts 1989, 71st Leg., ch. 250, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 946, Sec. 1, eff. Aug. 28, 1995;  Acts 2001, 77th Leg., ch. 1171, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 677 (S.B. 149), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter D. Aircraft Repair and Maintenance Lien › Section 70.3031. Recording of Lien: Aircraft Not Registered in United States

Sec. 70.3031.  RECORDING OF LIEN:  AIRCRAFT NOT REGISTERED IN UNITED STATES.  (a)  A holder of a lien under this subchapter on an aircraft that is registered in a nation other than the United States or that is not registered in any national jurisdiction may record the lien on the aircraft by filing with the secretary of state not later than the 180th day after the date of the completion of the contractual storage period or the performance of the last repair, fueling, or maintenance an affidavit that states:
(1)  the name, address, and telephone number of the holder of the lien under this subchapter;
(2)  the amount due for storage, repairs, fuel, or maintenance;
(3)  a complete description of the aircraft; and
(4)  the name and last known address of the owner of the aircraft and the number assigned the aircraft by the applicable jurisdiction, if known.
(b)  An inaccurate address stated under Subsection (a)(4) does not invalidate the affidavit.
(c)  The secretary of state shall maintain a record of information filed with the secretary of state under this section and index the records in the name of the owner of the aircraft.
(d)  The fee for filing information with the secretary of state under this section is:
(1)  $15 if the information is communicated in writing and consists of one or two pages;
(2)  $30 if the information is communicated in writing and consists of more than two pages; and
(3)  $5 if the information is communicated by another medium authorized by the secretary of state by rule.
Added by Acts 2005, 79th Leg., Ch. 677 (S.B. 149), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter D. Aircraft Repair and Maintenance Lien › Section 70.304. Notice to Owner and Lienholders

Sec. 70.304.  NOTICE TO OWNER AND LIENHOLDERS.  (a)  Not later than the 60th day after the date of the completion of the contractual storage period or the performance of the last fueling, repair, or maintenance, a holder of a lien under this subchapter who retains possession of the aircraft shall notify the owner shown on the certificate of registration and each holder of a lien on the aircraft as shown by the records maintained for that purpose by the Federal Aviation Administration Aircraft Registry or the secretary of state.  The notice must state:
(1)  the name, address, and telephone number of the holder of the lien under this subchapter;
(2)  the amount due for storage, fuel, repairs, or maintenance;
(3)  a complete description of the aircraft; and
(4)  the legal right of the holder of the lien under this subchapter to sell the aircraft at public auction and apply the proceeds to the amount due.
(b)  The notice must be delivered by certified or registered mail, return receipt requested.
Added by Acts 1989, 71st Leg., ch. 250, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 538, Sec. 1, eff. June 15, 1991;  Acts 1995, 74th Leg., ch. 946, Sec. 1, eff. Aug. 28, 1995;  Acts 2001, 77th Leg., ch. 1171, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 677 (S.B. 149), Sec. 3, eff. June 17, 2005.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter D. Aircraft Repair and Maintenance Lien › Section 70.305. Sale of Aircraft

Sec. 70.305.  SALE OF AIRCRAFT.  If the holder of a lien under this subchapter provides the notice required by Section 70.304 and the amount due remains unpaid after the 90th day after the date of the completion of the contractual storage period or the performance of the last fueling, repair, or maintenance, the holder of the lien may sell the aircraft at a public sale and apply the proceeds to the amount due.  The lienholder shall pay any excess proceeds to the person entitled to them.
Added by Acts 1989, 71st Leg., ch. 250, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 946, Sec. 1, eff. Aug. 28, 1995;  Acts 2001, 77th Leg., ch. 1171, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 677 (S.B. 149), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter D. Aircraft Repair and Maintenance Lien › Section 70.306. Attorney's Fees

Sec. 70.306.  ATTORNEY'S FEES.  The court in a suit brought under this subchapter may award reasonable attorney's fees to the prevailing party.
Added by Acts 1989, 71st Leg., ch. 250, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter D. Aircraft Repair and Maintenance Lien › Section 70.307. Criminal Offense: Improperly Obtaining Possession of Aircraft Subject to Lien

Sec. 70.307.  CRIMINAL OFFENSE:  IMPROPERLY OBTAINING POSSESSION OF AIRCRAFT SUBJECT TO LIEN.  (a)  A person commits an offense if the person, through surreptitious removal or by trick, fraud, or device perpetrated on the holder of the lien, obtains possession of all or part of an aircraft that is subject to a lien under this subchapter.
(b)  An offense under this section is a Class B misdemeanor.
(c)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
Added by Acts 2005, 79th Leg., Ch. 677 (S.B. 149), Sec. 5, eff. June 17, 2005.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.401. Definitions

Sec. 70.401.  DEFINITIONS.  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.
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.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.402. Lien Created

Sec. 70.402.  LIEN CREATED.  (a)  An agricultural producer who, under a contract with a contract purchaser, is to receive consideration for selling an agricultural crop grown, produced, or harvested by the producer has a lien against that crop for the amount owed under the contract, or for the market value of the crop on the date of transfer or delivery if there is no agreement concerning the amount owed under the contract.
(b)  An agricultural producer who delivers or transfers an agricultural crop grown, produced, or harvested by the producer to a warehouse has a lien against that agricultural crop for the market value of the agricultural crop:
(1)  on the date of delivery or transfer; or
(2)  if there is to be a series of deliveries to the warehouse, on the date of the first delivery of the agricultural crop to the warehouse.
(c)  A lien created under this subchapter is on every agricultural crop, either in raw or processed form, that has been transferred or delivered by the agricultural producer and is in the possession of the warehouse or the contract purchaser, and if the warehouse or the contract purchaser sells all or part of the crop, on the proceeds of the sale.  If an open storage crop is commingled with a company-owned crop by a warehouse or a contract purchaser after the crop has been transferred or delivered, a lien created under this subchapter applies only to that portion of the agricultural crop in the possession of the warehouse or the contract purchaser in an amount that is equal to the amount of the crop transferred or delivered by the agricultural producer.
(d)  For purposes of this subchapter, an agricultural crop or processed form of an agricultural crop deposited by a contract purchaser with a warehouse, whether or not a warehouse receipt is given as security, is considered to be in the possession of the contract purchaser and subject to the lien created by this subchapter.
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. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 887 (H.B. 3063), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.403. When Lien Attaches

Sec. 70.403.  WHEN LIEN ATTACHES.  A lien created under this subchapter attaches on the date on which physical possession of the agricultural crop is delivered or transferred by the agricultural producer to the warehouse or to the contract purchaser or the purchaser's agent, or if there is to be a series of deliveries, on the date of the first delivery of the agricultural crop.
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. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 887 (H.B. 3063), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.404. Applicability of Other Law; Effect on Other Law

Sec. 70.404.  APPLICABILITY OF OTHER LAW; EFFECT ON OTHER LAW.  (a)  Except as provided by Section 70.4045 of this code, Chapter 9, Business & Commerce Code, including applicable filing and perfection requirements, applies to a lien created under this subchapter.
(b)  Except as provided by Subsection (c), to the extent of a conflict, this subchapter controls over any other law.
(c)  This subchapter does not abridge the protections afforded by any applicable law, including:
(1)  Chapter 14, Agriculture Code;
(2)  Chapter 7, Business & Commerce Code;
(3)  the United States Warehouse Act (7 U.S.C. Section 241 et seq.); or
(4)  common law, including the law of bailment.
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. 4, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 887 (H.B. 3063), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.4045. Perfection and Priority of Agricultural Lien on Crops

Sec. 70.4045.  PERFECTION AND PRIORITY OF AGRICULTURAL LIEN ON CROPS.  (a)  Notwithstanding Chapter 9, Business & Commerce Code, a lien created under this subchapter is perfected at the time the lien attaches under Section 70.403 and continues to be perfected if a financing statement covering the agricultural crop is filed on or before the 90th day after the date:
(1)  the physical possession of the crop is delivered or transferred by the agricultural producer to the warehouse or the contract purchaser or the purchaser's agent, if there is only one delivery; or
(2)  of the last delivery of the crop to the warehouse or the contract purchaser or the purchaser's agent, if there is a series of deliveries.
(b)  If a financing statement covering the agricultural crop is not filed within the time prescribed by Subsection (a)(1) or (2), as applicable, the lien is considered unperfected.
(c)  Notwithstanding Chapter 9, Business & Commerce Code, and except as provided by Subsection (d), 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 warehouse or the contract purchaser in favor of a third party, regardless of the date the security interest or lien created by the warehouse or the contract purchaser attached.  This subsection does not affect:
(1)  the validity or priority of a security interest or lien:
(A)  created and perfected to secure a loan directly to the agricultural producer; or
(B)  created and perfected under Chapter 9, Business & Commerce Code, to secure a loan to a warehouse or a contract purchaser on a company-owned crop in favor of a secured lender;
(2)  the validity or priority of a cotton ginner's lien created under Section 70.003(d); or
(3)  the rights of a holder of a negotiable warehouse receipt.
(d)  Subsection (c) does not apply to a contract purchaser who purchases an agricultural crop from an agricultural producer under a marketing contract created under:
(1)  Section 52.016, Agriculture Code; or
(2)  regulations adopted by the United States Department of Agriculture under Title 7 of the United States Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 628 (S.B. 1339), Sec. 5, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 887 (H.B. 3063), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.405. Duration of Lien

Sec. 70.405.  DURATION OF LIEN.  A lien created under this subchapter expires on the first anniversary of the date of attachment.
Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.406. Effect of Lien; Recovery

Sec. 70.406.  EFFECT OF LIEN;  RECOVERY.  (a)  A buyer in ordinary course of business of an agricultural crop, including a person who buys any portion of an agricultural crop from a warehouse or a contract purchaser, whether or not the agricultural crop has been commingled, takes the agricultural crop free of a lien created under this subchapter, and the lien created by this subchapter does not pass to any subsequent claimant of the agricultural crop.
(b)  An unequal pro rata recovery between agricultural producers is not prohibited under this subchapter if the inequality results from a lien on accounts receivable.
Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 887 (H.B. 3063), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.407. Discharge of Lien

Sec. 70.407.  DISCHARGE OF LIEN.  (a)  A lien created under this subchapter is discharged when:
(1)  the lienholder receives full payment for the agricultural crop; or
(2)  payment is tendered by the warehouse or the contract purchaser, as applicable, and the lienholder, without coercion, defers payment.
(b)  If payment for the agricultural crop is received in the form of a negotiable instrument, full payment is received when the negotiable instrument clears all financial institutions.
Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 887 (H.B. 3063), Sec. 7, eff. September 1, 2017.