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Texas Property Code

§ 70.001 — WORKER'S LIEN

PR § 70.001Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 70. MISCELLANEOUS LIENS · Art. A. POSSESSORY LIENS

Statute text

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(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. (b-1) Except as provided by Subsection (b), a lien provided by this section on a motor vehicle, motorboat, vessel, or outboard motor is released when a worker:
(1)receives good and sufficient payment of the amounts due under Subsection (a) and, if applicable, Subsection (d); or
(2)relinquishes possession of the motor vehicle, motorboat, vessel, or outboard motor. (b-2) A worker's right to possession under this section may not be assigned to a third party in return for payment of any amount due under Subsection (a) or (d).

Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1058 (H.B. 2076), Sec. 1, eff. June 19, 2015.