I found the following blog entry at Equine Law Blog (
click here to visit) by Alison Rowe in Waxahachie, Texas
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Beginning
September
1, 2009, all large animal veterinarians in the state of
Texas
will have a lien on treated animals to secure payment of vet bills. This lien
will be effective both before and after the animal is released to the owner.
Prior to the effective date of this legislation,
veterinarians have no statutory lien on treated animals to secure veterinary
services other than board. See "Liens for Veterinarians and Farriers in Texas"
(February 18, 2008)
As of January 2009, twenty-eight other states provide
veterinarians with a statutory lien. Texas's
lien is unique in that it only applies to large animals (livestock) and is not
purely possessory in nature (i.e. allows repossession after the animal is taken
by its owner).
*The passage of this lien doesn't mean the vet
"has" to take the treated animal as payment...it's just there as an
alternative collections measure.*
The final bill (S.B. 1806, proposed by this firm and carried
by Senator Judith Zaffirini) will be codified in Section 70.010 in the Texas
Property Code.
This lien may give veterinarians some leverage in getting
paid for their services, even if the lien is not ultimately enforced.
FACTS ABOUT THE NEW STATUTE:
1) The lien will only apply to amounts that become due to
vets after September 1, 2009.
2) When the vet maintains possession of the animal, the
vet's lien will have priority over all other liens.
3) Once the vet relinquishes possession of the animal, the
vet's lien should be filed of record in the county where the services were
rendered and with the Secretary of State.
The vet's lien, post possession, takes priority in the order of filing
the notice, per Article 9 of the Uniform Commercial Code.