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.