S.B. No. 1806
AN ACT
relating to liens for certain veterinary care charges for large
animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 70, Property Code, is
amended by adding Section 70.010 to read as follows:
Sec. 70.010. LIENS FOR VETERINARY CARE CHARGES FOR LARGE
ANIMALS. (a) In this section, "large animal" means exotic
livestock or a cow, horse, mule, ass, sheep, goat, llama, alpaca,
farm elk, or hog. The term does not include a common household pet
such as a cat or dog.
(b) A veterinarian licensed under Chapter 801, Occupations
Code, has a lien on a large animal and the proceeds from the
disposition of the large animal to secure the cost of veterinary
care the veterinarian provided to the large animal.
(c) A lien under this section:
(1) attaches on the 20th day after the date the
veterinarian first provides care to the large animal;
(2) attaches regardless of whether the veterinarian
retains possession of the large animal;
(3) takes priority over all other liens on the large
animal for the period during which the veterinarian retains
possession of the large animal, regardless of whether the lien
under this section was created or perfected after the date on which
another lien was created or perfected, if the veterinarian retains
possession; and
(4) has the priority with respect to other liens as
provided by Subchapter C, Chapter 9, Business & Commerce Code, if
the veterinarian does not retain possession.
(d) The veterinarian may retain possession of a large animal
under this section and enforce a lien under this section as provided
by Section 70.005(c).
(e) A veterinarian who does not retain possession of a large
animal under this section may enforce a lien under this section in
the same manner as a statutory residential landlord's lien.
SECTION 2. Section 70.010, Property Code, as added by this
Act, applies only to an amount that becomes due to a veterinarian on
or after the effective date of this Act. An amount that becomes due
to a veterinarian before the effective date of this Act is governed
by the law as it existed immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1806 passed the Senate on
April 30, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1806 passed the House on
May 20, 2009, by the following vote: Yeas 141, Nays 1, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor