CHAPTER 70. MISCELLANEOUS LIENS - Texas Statutes

PROPERTY CODE

TITLE 5. EXEMPT PROPERTY AND LIENS

SUBTITLE B. LIENS

CHAPTER 70. MISCELLANEOUS LIENS

SUBCHAPTER A. POSSESSORY LIENS

Sec. 70.001. WORKER'S LIEN. (a) A worker in this state who by

labor repairs an article, including a vehicle, motorboat, vessel,

or outboard motor, may retain possession of the article until:

(1) the amount due under the contract for the repairs is paid;

or

(2) if no amount is specified by contract, the reasonable and

usual compensation is paid.

(b) If a worker relinquishes possession of a motor vehicle,

motorboat, vessel, or outboard motor in return for a check, money

order, or a credit card transaction on which payment is stopped,

has been dishonored because of insufficient funds, no funds or

because the drawer or maker of the order or the credit card

holder has no account or the account upon which it was drawn or

the credit card account has been closed, the lien provided by

this section continues to exist and the worker is entitled to

possession of the vehicle, motorboat, vessel, or outboard motor

until the amount due is paid, unless the vehicle, motorboat,

vessel, or outboard motor is possessed by a person who became a

bona fide purchaser of the vehicle after a stop payment order was

made. A person entitled to possession of property under this

subsection is entitled to take possession thereof in accordance

with the provisions of Section 9.609, Business & Commerce

Code.

(c) A worker may take possession of an article under Subsection

(b) only if the person obligated under the repair contract has

signed a notice stating that the article may be subject to

repossession under this section. A notice under this subsection

must be:

(1) separate from the written repair contract; or

(2) printed on the written repair contract, credit agreement, or

other document in type that is boldfaced, capitalized,

underlined, or otherwise set out from surrounding written

material so as to be conspicuous with a separate signature line.

(d) A worker who takes possession of an article under Subsection

(b) may require a person obligated under the repair contract to

pay the costs of repossession as a condition of reclaiming the

article only to the extent of the reasonable fair market value of

the services required to take possession of the article. For the

purpose of this subsection, charges represent the fair market

value of the services required to take possession of an article

if the charges represent the actual cost incurred by the worker

in taking possession of the article.

(e) A worker may not transfer to a third party, and a person who

performs repossession services may not accept, a check, money

order, or credit card transaction that is received as payment for

repair of an article and that is returned to the worker because

of insufficient funds or no funds, because the drawer or maker of

the check or money order or the credit card holder has no

account, or because the account on which the check or money order

is drawn or the credit card account has been closed.

(f) A person commits an offense if the person transfers or

accepts a check, money order, or credit card transaction in

violation of Subsection (e). An offense under this subsection is

a Class B misdemeanor.

(g) A motor vehicle that is repossessed under this section shall

be promptly delivered to the location where the repair was

performed or a vehicle storage facility licensed under Chapter

2303, Occupations Code . The motor vehicle must remain at the

repair location or a licensed vehicle storage facility at all

times until the motor vehicle is lawfully returned to the motor

vehicle's owner or a lienholder or is disposed of as provided by

this subchapter.

Acts 1983, 68th Leg., p. 3579, ch. 576, Sec. 1, eff. Jan. 1,

1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec.

6(b), eff. Oct. 2, 1984; Acts 1985, 69th Leg., ch. 275, Sec. 1,

eff. June 5, 1985; Acts 1993, 73rd Leg., ch. 754, Sec. 1, 2, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 375, Sec. 1, eff. Sept.

1, 1995; Acts 1999, 76th Leg., ch. 414, Sec. 2.38, eff. July 1,

2001; Acts 1999, 76th Leg., ch. 978, Sec. 1, eff. Sept. 1, 1999;

Acts 2003, 78th Leg., ch. 1276, Sec. 14A.807, eff. Sept. 1, 2003.

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.

Sec. 70.003. STABLE KEEPER'S, GARAGEMAN'S, PASTURER'S, AND

COTTON GINNER'S LIEN'S. (a) A stable keeper with whom an animal

is left for care has a lien on the animal for the amount of the

charges for the care.

(b) An owner or lessee of a pasture with whom an animal is left

for grazing has a lien on the animal for the amount of charges

for the grazing.

(c) A garageman with whom a motor vehicle, motorboat, vessel, or

outboard motor is left for care has a lien on the motor vehicle,

motorboat, vessel, or outboard motor for the amount of the

charges for the care, including reasonable charges for towing the

motor vehicle, motorboat, vessel, or outboard motor to the

garageman's place of business and excluding charges for repairs.

(d)(1) A cotton ginner to whom a cotton crop has been delivered

for processing or who, under an agreement, is to be paid for

harvesting a cotton crop has a lien on the cotton processed or

harvested for the amount of the charges for the processing or

harvesting. The lienholder is entitled to retain possession of

the cotton until the amount of the charge due under an agreement

is paid or, if an amount is not specified by agreement, the

reasonable and usual compensation is paid. If the cotton owner's

address is known and the amount of the charge is not paid before

the 31st day after the date the cotton ginner's work is completed

or the date payment is due under a written agreement, whichever

is later, the lienholder shall request the owner to pay the

unpaid charge due and shall notify the owner and any other person

having a lien on the cotton which is properly recorded under

applicable law with the secretary of state of the fact that

unless payment is made not later than the 15th day after the date

the notice is received, the lienholder is entitled to sell the

cotton under any procedure authorized by Section 9.610, Business

& Commerce Code. If the cotton owner's address is not known

and the amount of the charge is not paid before the 61st day

after the date the cotton ginner's work is completed or the date

payment is due under a written agreement, whichever is later, the

lienholder is entitled to sell the cotton without notice at a

commercially reasonable sale. The proceeds of a sale under this

subsection shall be applied first to charges due under this

subsection, and any remainder shall be paid in appropriate

proportion to:

(A) any other person having a lien on the cotton which is

properly recorded under applicable law with the secretary of

state; and

(B) the cotton owner.

(2) Nothing in this subsection shall be construed to place an

affirmative burden on the cotton ginner to perform any lien

searches except as may be appropriate to provide notices required

by this section.

Acts 1983, 68th Leg., p. 3580, ch. 576, Sec. 1, eff. Jan. 1,

1984. Amended by Acts 1989, 71st Leg., ch. 629, Sec. 1, eff. June

14, 1989; Acts 1997, 75th Leg., ch. 462, Sec. 1, 2, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 414, Sec. 2.39, eff. July 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

80, Sec. 1, eff. September 1, 2009.

Sec. 70.004. POSSESSION OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR

OUTBOARD MOTOR. (a) A holder of a lien under Section 70.003 on

a motor vehicle, motorboat, vessel, or outboard motor who obtains

possession of the motor vehicle, motorboat, vessel, or outboard

motor under a state law or city ordinance shall give notice for a

motor vehicle, motorboat, vessel, or outboard motor registered in

this state to the last known registered owner and each lienholder

of record not later than the fifth day after the day possession

is obtained. If the motor vehicle, motorboat, vessel, or outboard

motor is registered outside this state, the notice shall be given

to the last known registered owner and each lienholder of record

not later than the 14th day after the day possession is obtained.

(b) Except as provided by Subsection (c), the notice must be

sent by certified mail with return receipt requested and must

contain:

(1) a request to remove the motor vehicle, motorboat, vessel, or

outboard motor;

(2) a request for payment;

(3) the location of the motor vehicle, motorboat, vessel, or

outboard motor; and

(4) the amount of accrued charges.

(c) The notice may be given by publishing the notice once in a

newspaper of general circulation in the county in which the motor

vehicle, motorboat, vessel, or outboard motor is stored if:

(1) the motor vehicle, motorboat, vessel, or outboard motor is

registered in another state;

(2) the holder of the lien submits a written request by

certified mail, return receipt requested, to the governmental

entity with which the motor vehicle, motorboat, vessel, or

outboard motor is registered requesting information relating to

the identity of the last known registered owner and any

lienholder of record;

(3) the holder of the lien:

(A) is advised in writing by the governmental entity with which

the motor vehicle, motorboat, vessel, or outboard motor is

registered that the entity is unwilling or unable to provide

information on the last known registered owner or any lienholder

of record; or

(B) does not receive a response from the governmental entity

with which the motor vehicle, motorboat, vessel, or outboard

motor is registered on or before the 21st day after the date the

holder of the lien submits a request under Subdivision (2);

(4) the identity of the last known registered owner cannot be

determined;

(5) the registration does not contain an address for the last

known registered owner; and

(6) the holder of the lien cannot determine the identities and

addresses of the lienholders of record.

(d) The holder of the lien is not required to publish notice

under Subsection (c) if a correctly addressed notice is sent with

sufficient postage under Subsection (b) and is returned as

unclaimed or refused or with a notation that the addressee is

unknown or has moved without leaving a forwarding address.

(e) A person is entitled to fees for towing, impoundment,

preservation, and notification and to reasonable storage fees for

up to five days before the day that the notice is mailed or

published, as applicable. After the day that the notice is mailed

or published, the person is entitled to reasonable storage,

impoundment, and preservation fees until the motor vehicle,

motorboat, vessel, or outboard motor is removed and accrued

charges are paid.

(f) A person charging fees under Subsection (e) commits an

offense if the person charges a storage fee for a period of time

not authorized by that subsection. An offense under this

subsection is punishable by a fine of not less than $200 nor more

than $1,000.

Acts 1983, 68th Leg., p. 3580, ch. 576, Sec. 1, eff. Jan. 1,

1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec.

6(c), eff. Oct. 2, 1984; Acts 1985, 69th Leg., ch. 308, Sec. 1,

eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 629, Sec. 2, eff.

June 14, 1989; Acts 1999, 76th Leg., ch. 70, Sec. 2, eff. Sept.

1, 1999.

Sec. 70.005. SALE OF PROPERTY. (a) Except as provided by

Subsection (c), a person holding a lien under this subchapter on

property other than a motor vehicle subject to Chapter 501,

Transportation Code, or cotton under Section 70.003(d), who

retains possession of the property for 60 days after the day that

the charges accrue shall request the owner to pay the unpaid

charges due if the owner's residence is in this state and known.

If the charges are not paid before the 11th day after the day of

the request, the lienholder may, after 20 days' notice, sell the

property at a public sale, or if the lien is on a garment, at a

public or private sale.

(b) Except as provided by Subsection (c), if the residence of

the owner of property subject to sale under this section is not

in this state or not known, the lienholder may sell the property

without notice at a public sale after the 60th day after the day

that the unpaid charges accrued.

(c) A person holding a lien under Section 70.003(a) on an animal

fed in confinement for slaughter may enforce that lien in any

manner authorized by Sections 9.610-9.619, Business &

Commerce Code.

(d) The lienholder shall apply the proceeds of a sale under this

section to the charges. If the lien is on a garment, the

lienholder shall apply the proceeds to the charges and the

reasonable costs of holding the sale. The lienholder shall pay

excess proceeds to the person entitled to them.

Acts 1983, 68th Leg., p. 3581, ch. 576, Sec. 1, eff. Jan. 1,

1984. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.247, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 249, Sec. 1, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 462, Sec. 3, 4, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 414, Sec. 2.40, eff. July 1,

2001.

Sec. 70.006. SALE OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR

OUTBOARD MOTOR. (a) A holder of a lien under this subchapter or

Chapter 59 on a motor vehicle subject to Chapter 501,

Transportation Code, or on a motorboat, vessel, or outboard motor

for which a certificate of title is required under Subchapter B,

Chapter 31, Parks and Wildlife Code, as amended, who retains

possession of the motor vehicle, motorboat, vessel, or outboard

motor shall, not later than the 30th day after the date on which

the charges accrue, give written notice to the owner and each

holder of a lien recorded on the certificate of title. A holder

of a possessory lien on a motor vehicle under Section 70.001,

other than a person licensed as a franchised dealer under Chapter

2301, Occupations Code, shall file a copy of the notice and all

information required by this section with the county tax

assessor-collector's office in the county in which the repairs

were made with an administrative fee of $25 payable to the county

tax assessor-collector. If the motor vehicle, motorboat, vessel,

or outboard motor is registered outside this state, the holder of

a lien under this subchapter who retains possession during that

period shall give notice to the last known registered owner and

each lienholder of record.

(b) Except as provided by Subsection (c), the notice must be

sent by certified mail with return receipt requested and must

include the amount of the charges and a request for payment.

(b-1) A holder of a possessory lien on a motor vehicle under

Section 70.001, other than a person licensed as a franchised

dealer under Chapter 2301, Occupations Code, who is required to

give notice to a lienholder of record under this section must

include in the notice:

(1) the physical address of the real property at which the

repairs to the motor vehicle were made;

(2) the legal name of the person that holds the possessory lien

for which the notice is required;

(3) the taxpayer identification number or employer

identification number, as applicable, of the person that holds

the possessory lien for which the notice is required; and

(4) a signed copy of the work order authorizing the repairs on

the motor vehicle.

(b-2) If the holder of a possessory lien required to give notice

in accordance with Subsection (b-1) does not comply with that

subsection, a lien recorded on the certificate of title of the

motor vehicle is superior to the possessory lienholder's lien.

(b-3) A person commits an offense if the person knowingly

provides false or misleading information in a notice required by

this section. An offense under this subsection is a Class B

misdemeanor.

(c) The notice may be given by publishing the notice once in a

newspaper of general circulation in the county in which the motor

vehicle, motorboat, vessel, or outboard motor is stored if:

(1) the holder of the lien submits a written request by

certified mail, return receipt requested, to the governmental

entity with which the motor vehicle, motorboat, vessel, or

outboard motor is registered requesting information relating to

the identity of the last known registered owner and any

lienholder of record;

(2) the holder of the lien:

(A) is advised in writing by the governmental entity with which

the motor vehicle, motorboat, vessel, or outboard motor is

registered that the entity is unwilling or unable to provide

information on the last known registered owner or any lienholder

of record; or

(B) does not receive a response from the governmental entity

with which the motor vehicle, motorboat, vessel, or outboard

motor is registered on or before the 21st day after the date the

holder of the lien submits a request under Subdivision (1);

(3) the identity of the last known registered owner cannot be

determined;

(4) the registration does not contain an address for the last

known registered owner; and

(5) the holder of the lien cannot determine the identities and

addresses of the lienholders of record.

(d) The holder of the lien is not required to publish notice

under Subsection (c) if a correctly addressed notice is sent with

sufficient postage under Subsection (b) and is returned as

unclaimed or refused or with a notation that the addressee is

unknown or has moved without leaving a forwarding address.

(e) After notice is given under this section to the owner of or

the holder of a lien on the motor vehicle, motorboat, vessel, or

outboard motor, the owner or holder of the lien may obtain

possession of the motor vehicle, motorboat, vessel, or outboard

motor by paying all charges due to the holder of a lien under

this subchapter and Chapter 59 before the 31st day after the date

the notice is mailed or published as provided by this section.

(f) If the charges are not paid before the 31st day after the

day that the notice is mailed or published, as applicable, the

lienholder may sell the motor vehicle, motorboat, vessel, or

outboard motor at a public sale and apply the proceeds to the

charges. The lienholder shall pay excess proceeds to the person

entitled to them.

(g) After providing notice in accordance with this section, a

holder of a possessory lien on a motor vehicle under Section

70.001, other than a person licensed as a franchised dealer under

Chapter 2301, Occupations Code, shall, on request, not later than

the 30th day after the date on which the charges accrue, make

commercially reasonable efforts to allow an owner and each

lienholder of record to inspect or arrange an inspection of the

motor vehicle by a qualified professional to verify that the

repairs were made.

(h) Not later than the 10th day after the date the county tax

assessor-collector receives notice under this section, the county

tax assessor-collector shall provide a copy of the notice to the

owner of the motor vehicle and each holder of a lien recorded on

the certificate of title of the motor vehicle. Except as

provided by this subsection, the county tax assessor-collector

shall provide the notice required by this section in the same

manner as a holder of a lien is required to provide a notice

under this section.

Acts 1983, 68th Leg., p. 3581, ch. 576, Sec. 1, eff. Jan. 1,

1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec.

6(d), eff. Oct. 2, 1984; Acts 1997, 75th Leg., ch. 165, Sec.

30.248, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 70, Sec. 3,

eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

80, Sec. 2, eff. September 1, 2009.

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.

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.

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.

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, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. LIENS 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.

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.

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.

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.

SUBCHAPTER C. 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.

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.

SUBCHAPTER D. AIRCRAFT REPAIR AND MAINTENANCE 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.

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.

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, Sec. 1, eff. June 17, 2005.

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, Sec. 2, eff. June 17, 2005.

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, Sec. 3, eff. June 17, 2005.

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, Sec. 4, eff. June 17, 2005.

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.

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, Sec. 5, eff. June 17, 2005.

SUBCHAPTER E. AGRICULTURAL LIENS

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) "Contract purchaser" means a person who, before the planting

of an agricultural crop, has agreed under a written contract to

purchase the crop or otherwise pay the agricultural producer for

growing, producing, or harvesting the agricultural crop. The term

does not include 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.).

Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1,

2001.

Sec. 70.402. LIEN CREATED. (a) An agricultural producer who,

under a written contract with a contract purchaser, is to receive

consideration for selling an agricultural crop grown, produced,

or harvested by the producer has a lien for the amount owed under

the contract, or for the reasonable value of the crop on the date

of transfer or delivery if there is no provision concerning the

amount owed in the agreement.

(b) 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 contract purchaser. If the agricultural

crop is commingled after the crop has been transferred or

delivered, a lien created under this subchapter applies only to

that portion of the contract purchaser's inventory in an amount

that is equal to the amount of the crop transferred or delivered

by the agricultural producer.

(c) 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.

Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1,

2001.

Sec. 70.403. WHEN LIEN ATTACHES. A lien created under this

subchapter attaches to the agricultural crop on the date on which

physical possession of the crop is delivered or transferred by

the agricultural producer to the contract purchaser or the

purchaser's agent, or if there is to be a series of deliveries to

the contract purchaser or purchaser's agent, on the date of the

last delivery of the agricultural crop to the contract purchaser

or purchaser's agent.

Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1,

2001.

Sec. 70.404. APPLICABILITY OF OTHER LAW. Chapter 9, Business

& Commerce Code, including applicable filing and perfection

requirements, applies to a lien created under this subchapter.

Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1,

2001.

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.

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 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.

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 contract purchaser 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.

Sec. 70.408. JOINDER OF ACTIONS. Persons claiming a lien

against the same agricultural crop under this subchapter may join

in the same action, and if separate actions are commenced, the

court may consolidate them.

Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1,

2001.

Sec. 70.409. RECOVERY OF COSTS. An agricultural producer who

prevails in an action brought to enforce a lien created under

this subchapter is entitled to recover:

(1) reasonable and necessary attorney's fees and court costs;

and

(2) interest on funds subject to the lien at the judgment

interest rate as provided by Chapter 304, Finance Code.

Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1,

2001.

Sec. 70.410. WAIVER OF CERTAIN RIGHTS PROHIBITED. An

agricultural producer's agreement with a contract purchaser to

waive the producer's right to seek a remedy provided by this

subchapter is void.

Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER F. LIEN RELATED TO DAMAGED FENCE

Sec. 70.501. LANDOWNER'S LIEN. A person who owns real property

in this state that is enclosed by a fence or other structure

obviously designed to exclude intruders or to contain livestock

or other animals may obtain from a court in this state a judgment

entitling the person to a lien against the motor vehicle of a

person who damages the landowner's fence with the motor vehicle

if the person who damages the landowner's fence:

(1) owns the motor vehicle; or

(2) has the consent of the owner of the motor vehicle to drive

the vehicle at the time the person damages the landowner's fence.

Added by Acts 2007, 80th Leg., R.S., Ch.

330, Sec. 1, eff. September 1, 2007.

Sec. 70.502. AMOUNT OF LIEN. The amount of a landowner's lien

under this subchapter is equal to the lesser of:

(1) the fair market value of the motor vehicle on the date the

landowner's fence is damaged; or

(2) the actual cost incurred by the landowner to:

(A) repair the fence;

(B) recapture any livestock or other animals that escaped as a

direct result of the damage to the fence; and

(C) have the vehicle towed from the property and stored.

Added by Acts 2007, 80th Leg., R.S., Ch.

330, Sec. 1, eff. September 1, 2007.

Sec. 70.503. PROPERTY TO WHICH LIEN ATTACHES. A landowner's

lien under this chapter attaches only to a motor vehicle that

causes damage to a fence as described by Section 70.501.

Added by Acts 2007, 80th Leg., R.S., Ch.

330, Sec. 1, eff. September 1, 2007.

Sec. 70.504. PERFECTING LIEN. A landowner may perfect a lien

under this subchapter in the manner provided by Subchapter F,

Chapter 501, Transportation Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

330, Sec. 1, eff. September 1, 2007.

Sec. 70.505. EXPIRATION AND DISCHARGE OF LIEN. A lien under

this subchapter does not expire and is discharged only when the

landowner receives payment of the lien.

Added by Acts 2007, 80th Leg., R.S., Ch.

330, Sec. 1, eff. September 1, 2007.

Sec. 70.506. REMOVAL OF VEHICLE FROM LANDOWNER'S PROPERTY. A

landowner whose fence is damaged by a motor vehicle that is then

abandoned on the owner's property, or the landowner's agent, may:

(1) select a towing service to remove the vehicle from the

landowner's property; and

(2) designate the time at which the towing service may enter the

property to remove the vehicle.

Added by Acts 2007, 80th Leg., R.S., Ch.

330, Sec. 1, eff. September 1, 2007.