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A BILL TO BE ENTITLED
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AN ACT
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relating to liens for certain veterinary care charges for large |
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animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 70, Property Code, is |
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amended by adding Section 70.010 to read as follows: |
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Sec. 70.010. LIENS FOR VETERINARY CARE CHARGES FOR LARGE |
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ANIMALS. (a) In this section, "large animal" means exotic |
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livestock or a cow, horse, mule, ass, sheep, goat, llama, alpaca, |
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farm elk, or hog. The term does not include a common household pet |
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such as a cat or dog. |
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(b) A veterinarian licensed under Chapter 801, Occupations |
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Code, has a lien on a large animal and the proceeds from the |
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disposition of the large animal to secure the cost of veterinary |
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care the veterinarian provided to the large animal. |
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(c) A lien under this section: |
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(1) attaches on the 20th day after the date the |
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veterinarian first provides care to the large animal; |
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(2) attaches regardless of whether the veterinarian |
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retains possession of the large animal; |
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(3) takes priority over all other liens on the large |
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animal for the period during which the veterinarian retains |
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possession of the large animal, regardless of whether the lien |
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under this section was created or perfected after the date on which |
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another lien was created or perfected, if the veterinarian retains |
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possession; and |
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(4) has the priority with respect to other liens as |
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provided by Subchapter C, Chapter 9, Business & Commerce Code, if |
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the veterinarian does not retain possession. |
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(d) The veterinarian may retain possession of a large animal |
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under this section and enforce a lien under this section as provided |
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by Section 70.005(c). |
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(e) A veterinarian who does not retain possession of a large |
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animal under this section may enforce a lien under this section in |
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the same manner as a statutory residential landlord's lien. |
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SECTION 2. Section 70.010, Property Code, as added by this |
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Act, applies only to an amount that becomes due to a veterinarian on |
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or after the effective date of this Act. An amount that becomes due |
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to a veterinarian before the effective date of this Act is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |