Texas Property Code 55.003 – Property to Which Lien Attaches
(a) A lien under this chapter attaches to:
(1) a cause of action for damages arising from an injury for which the injured individual is admitted to the hospital or receives emergency medical services;
(2) a judgment of a court in this state or the decision of a public agency in a proceeding brought by the injured individual or by another person entitled to bring the suit in case of the death of the individual to recover damages arising from an injury for which the injured individual is admitted to the hospital or receives emergency medical services; and
(3) the proceeds of a settlement of a cause of action or a claim by the injured individual or another person entitled to make the claim, arising from an injury for which the injured individual is admitted to the hospital or receives emergency medical services.
(b) The lien does not attach to:
(1) a claim under the workers’ compensation law of this state, the Federal Employees Liability Act, or the Federal Longshore and Harbor Workers’ Compensation Act; or
(2) the proceeds of an insurance policy in favor of the injured individual or the injured individual’s beneficiary or legal representative, except public liability insurance carried by the insured that protects the insured against loss caused by an accident or collision.
Terms Used In Texas Property Code 55.003
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(c) A hospital lien described by § 55.002(a) does not attach to a claim against the owner or operator of a railroad company that maintains or whose employees maintain a hospital in which the injured individual is receiving hospital services.