CHAPTER 58. FARM, FACTORY, AND STORE WORKER'S LIENS - Texas Statutes

PROPERTY CODE

TITLE 5. EXEMPT PROPERTY AND LIENS

SUBTITLE B. LIENS

CHAPTER 58. FARM, FACTORY, AND STORE WORKER'S LIENS

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.

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.

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.

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.

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.

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.

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.

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.

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.