74R12054 E
          By Alvarado                                           H.B. No. 2420
          Substitute the following for H.B. No. 2420:
          By Hunter of Nueces                               C.S.H.B. No. 2420
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to creating a lien for certain services rendered by a
    1-3  chiropractor.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle B, Title 5, Property Code, is amended by
    1-6  adding Chapter 62 to read as follows:
    1-7                   CHAPTER 62.  CHIROPRACTOR'S LIEN
    1-8        Sec. 62.001.  DEFINITION.  In this chapter, "chiropractor"
    1-9  means an individual who is licensed by the Texas Board of
   1-10  Chiropractic Examiners.
   1-11        Sec. 62.002.  LIEN.  A chiropractor has a lien on a cause of
   1-12  action or claim of an individual who receives chiropractic services
   1-13  rendered by the chiropractor for injuries caused by an accident
   1-14  that is attributed to the negligence of another person.
   1-15        Sec. 62.003.  PROPERTY TO WHICH LIEN ATTACHES.  (a)  The lien
   1-16  attaches to:
   1-17              (1)  a cause of action for damages arising from an
   1-18  injury for which the injured individual receives chiropractic
   1-19  services;
   1-20              (2)  a judgment of a court in this state or the
   1-21  decision of a public agency in a proceeding brought by the injured
   1-22  individual, or by another person entitled to bring the suit in case
   1-23  of the death of the individual, to recover damages arising from an
    2-1  injury for which the injured individual receives chiropractic
    2-2  services; and
    2-3              (3)  the proceeds of a settlement of a cause of action
    2-4  or a claim by the injured individual, or another person entitled to
    2-5  make the claim, arising from an injury for which the injured
    2-6  individual receives chiropractic services.
    2-7        (b)  The lien does not attach to:
    2-8              (1)  a claim under the workers' compensation laws of
    2-9  this state (Subtitle A, Title 5, Labor Code), the federal
   2-10  Employers' Liability Act (45 U.S.C.  Section 51 et seq.), or the
   2-11  federal Longshore and Harbor Workers' Compensation Act (33 U.S.C.
   2-12  Section 901 et seq.); or
   2-13              (2)  the proceeds of an insurance policy in favor of
   2-14  the injured individual or the injured individual's beneficiary or
   2-15  legal representative, except public liability insurance carried by
   2-16  the insured that protects the insured against loss caused by an
   2-17  accident or collision.
   2-18        Sec. 62.004.  AMOUNT OF LIEN.  (a)  Except as provided by
   2-19  Subsection (b), the lien is for the amount of the chiropractor's
   2-20  charges for services provided to the injured individual for the
   2-21  treatment of injuries that resulted from the accident.
   2-22        (b)  A lien does not cover charges for services that exceed a
   2-23  reasonable and regular rate for the services.
   2-24        Sec. 62.005.  SECURING LIEN.  (a)  To secure the lien, a
   2-25  chiropractor must:
    3-1              (1)  file written notice of the lien with the county
    3-2  clerk of the county in which the injury occurred; and
    3-3              (2)  send by registered or certified mail, return
    3-4  receipt requested, a written notice to each insurer that may have
    3-5  liability arising out of the accident.
    3-6        (b)  The notice must be given as provided by Subsection (a):
    3-7              (1)  not later than the third business day after the
    3-8  date the services are rendered; and
    3-9              (2)  before money is paid to an entitled person because
   3-10  of the injury.
   3-11        (c)  The notice must contain:
   3-12              (1)  the injured individual's name and address;
   3-13              (2)  the date of the accident;
   3-14              (3)  the name and address of the chiropractor; and
   3-15              (4)  the name of the person alleged to be liable for
   3-16  damages arising from the injury, if known.
   3-17        (d)  The county clerk shall:
   3-18              (1)  record the name of the injured individual, the
   3-19  date of the accident, and the name and address of the chiropractor;
   3-20  and
   3-21              (2)  index the record in the name of the injured
   3-22  individual.
   3-23        Sec. 62.006.  DISCHARGE OF LIEN.  (a)  To discharge the lien,
   3-24  the chiropractor must execute and file with the county clerk of the
   3-25  county in which the lien notice was filed a certificate stating
    4-1  that the debt covered by the lien has been paid or released and
    4-2  authorizing the clerk to discharge the lien.
    4-3        (b)  The county clerk shall record a memorandum of the
    4-4  certificate and the date it was filed.
    4-5        (c)  The filing of the certificate and recording of the
    4-6  memorandum discharge the lien.
    4-7        Sec. 62.007.  VALIDITY OF RELEASE.  (a)  A release of a cause
    4-8  of action or judgment to which the lien may attach is not valid
    4-9  unless:
   4-10              (1)  the chiropractor's charges were paid in full
   4-11  before the execution and delivery of the release;
   4-12              (2)  the chiropractor's charges were paid before the
   4-13  execution and delivery of the release to the extent of any full and
   4-14  true consideration paid to the injured individual by or on behalf
   4-15  of the other parties to the release; or
   4-16              (3)  the chiropractor is a party to the release.
   4-17        (b)  A judgment to which the lien attaches remains in effect
   4-18  until the chiropractor's charges are paid in full or to the extent
   4-19  set out in the judgment.
   4-20        Sec. 62.008.  CHIROPRACTOR'S RECORDS.  (a)  On request by an
   4-21  attorney for a party by, for, or against whom a claim is asserted
   4-22  for damages arising from an injury, a chiropractor shall as
   4-23  promptly as possible make available for the attorney's examination
   4-24  the chiropractor's records concerning the services provided to the
   4-25  injured individual.
    5-1        (b)  The chiropractor may impose reasonable requirements for
    5-2  granting access to the chiropractor's records under this section,
    5-3  but the chiropractor may not deny access because a record is
    5-4  incomplete.
    5-5        (c)  The records are admissible, subject to applicable rules
    5-6  of evidence, in a civil suit arising from the injury.
    5-7        Sec. 62.009.  ATTORNEY'S FEES.  If an individual who has
    5-8  pursued a claim or a cause of action against which a lien is
    5-9  asserted by a chiropractor is represented by an attorney, the
   5-10  chiropractor shall pay a fee to the claimant's attorney in an
   5-11  amount not to exceed 33.3 percent of the amount collected for the
   5-12  chiropractor in satisfaction of the lien.
   5-13        SECTION 2.  This Act takes effect September 1, 1995, and
   5-14  applies only to services rendered by a chiropractor on or after the
   5-15  effective date of this Act.
   5-16        SECTION 3.  The importance of this legislation and the
   5-17  crowded condition of the calendars in both houses create an
   5-18  emergency and an imperative public necessity that the
   5-19  constitutional rule requiring bills to be read on three several
   5-20  days in each house be suspended, and this rule is hereby suspended.