Texas Property Code 55.005 – Securing Lien
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(a) To secure the lien, a hospital or emergency medical services provider must:
(1) provide notice to the injured individual in accordance with Subsection (d); and
(2) file written notice of the lien with the county clerk of the county in which the services were provided before money is paid to an entitled person because of the injury.
(b) The notice must contain:
(1) the injured individual’s name and address;
(2) the date of the accident;
(3) the name and location of the hospital or emergency medical services provider claiming the lien; and
(4) the name of the person alleged to be liable for damages arising from the injury, if known.
Terms Used In Texas Property Code 55.005
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The county clerk shall record the name of the injured individual, the date of the accident, and the name and address of the hospital or emergency medical services provider and shall index the record in the name of the injured individual.
(d) Except as provided by Subsection (e), not later than the fifth business day after the date a hospital or emergency medical services provider receives notice from the county clerk that a notice of lien filed under Subsection (a)(2) has been recorded in the county records, the hospital or emergency medical services provider must send a written notice to the injured individual or the injured individual’s legal representative, by regular mail, to the individual’s last known address, informing the individual that:
(1) the lien will attach to any cause of action or claim the individual may have against another person for the individual’s injuries; and
(2) the lien does not attach to real property owned by the individual.
(e) An emergency medical services provider is not required to provide notice by mail if the emergency medical services provider provides the notice required by Subsection (d) to the injured individual or the injured individual’s representative at the time emergency medical services are provided and if:
(1) the required notice is included on the emergency medical services authorization form in a paper or electronic version in a separate paragraph that is bolded and in at least 14-point type; and
(2) except as provided by Subsection (f), the notice is signed by the injured individual or the injured individual’s representative.
(f) For the purposes of Subsection (e), if consent for emergency care of an individual is not required under § 773.008, Health and Safety Code, notice provided on an emergency medical services authorization form to the injured individual is not required to be signed.
(g) The failure of an individual to receive a notice mailed in accordance with Subsection (d) does not affect the validity of a lien under this chapter.