CHAPTER 57. RAILROAD LABORER'S LIEN - Texas Statutes

PROPERTY CODE

TITLE 5. EXEMPT PROPERTY AND LIENS

SUBTITLE B. LIENS

CHAPTER 57. 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.

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.

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.

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.

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.

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.