Law:Title 5. Exempt Property And Liens. Subtitle B. Liens from Chapter 58. Farm, Factory, And Store Worker's Liens (Texas)

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Subtitle B. Liens

Contents

Chapter 58. Farm, Factory, And Store Worker's Liens

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.


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