Texas 2009 - 81st Regular

Texas Senate Bill SB1806 Compare Versions

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11 S.B. No. 1806
22
33
44 AN ACT
55 relating to liens for certain veterinary care charges for large
66 animals.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Subchapter A, Chapter 70, Property Code, is
99 amended by adding Section 70.010 to read as follows:
1010 Sec. 70.010. LIENS FOR VETERINARY CARE CHARGES FOR LARGE
1111 ANIMALS. (a) In this section, "large animal" means exotic
1212 livestock or a cow, horse, mule, ass, sheep, goat, llama, alpaca,
1313 farm elk, or hog. The term does not include a common household pet
1414 such as a cat or dog.
1515 (b) A veterinarian licensed under Chapter 801, Occupations
1616 Code, has a lien on a large animal and the proceeds from the
1717 disposition of the large animal to secure the cost of veterinary
1818 care the veterinarian provided to the large animal.
1919 (c) A lien under this section:
2020 (1) attaches on the 20th day after the date the
2121 veterinarian first provides care to the large animal;
2222 (2) attaches regardless of whether the veterinarian
2323 retains possession of the large animal;
2424 (3) takes priority over all other liens on the large
2525 animal for the period during which the veterinarian retains
2626 possession of the large animal, regardless of whether the lien
2727 under this section was created or perfected after the date on which
2828 another lien was created or perfected, if the veterinarian retains
2929 possession; and
3030 (4) has the priority with respect to other liens as
3131 provided by Subchapter C, Chapter 9, Business & Commerce Code, if
3232 the veterinarian does not retain possession.
3333 (d) The veterinarian may retain possession of a large animal
3434 under this section and enforce a lien under this section as provided
3535 by Section 70.005(c).
3636 (e) A veterinarian who does not retain possession of a large
3737 animal under this section may enforce a lien under this section in
3838 the same manner as a statutory residential landlord's lien.
3939 SECTION 2. Section 70.010, Property Code, as added by this
4040 Act, applies only to an amount that becomes due to a veterinarian on
4141 or after the effective date of this Act. An amount that becomes due
4242 to a veterinarian before the effective date of this Act is governed
4343 by the law as it existed immediately before the effective date of
4444 this Act, and that law is continued in effect for that purpose.
4545 SECTION 3. This Act takes effect September 1, 2009.
4646 ______________________________ ______________________________
4747 President of the Senate Speaker of the House
4848 I hereby certify that S.B. No. 1806 passed the Senate on
4949 April 30, 2009, by the following vote: Yeas 31, Nays 0.
5050 ______________________________
5151 Secretary of the Senate
5252 I hereby certify that S.B. No. 1806 passed the House on
5353 May 20, 2009, by the following vote: Yeas 141, Nays 1, one
5454 present not voting.
5555 ______________________________
5656 Chief Clerk of the House
5757 Approved:
5858 ______________________________
5959 Date
6060 ______________________________
6161 Governor