Tex. Codes » Property Code · TITLE 5. EXEMPT PROPERTY AND LIENS · SUBTITLE B. LIENS · CHAPTER 55. HOSPITAL AND EMERGENCY MEDICAL SERVICES LIENS
Texas Codes

Tex. Prop. Code § 55.005 (2026)

Securing Lien

✓ laws through the 89th Legislature (2025)
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Sec. 55.005. SECURING LIEN. (a) To secure the lien, a hospital or emergency medical services provider must:

(1) provide notice to the injured individual in accordance with Subsection (d); and

(2) file written notice of the lien with the county clerk of the county in which the services were provided before money is paid to an entitled person because of the injury.

(b) The notice must contain:

(1) the injured individual's name and address;

(2) the date of the accident;

(3) the name and location of the hospital or emergency medical services provider claiming the lien; and

(4) the name of the person alleged to be liable for damages arising from the injury, if known.

(c) The county clerk shall record the name of the injured individual, the date of the accident, and the name and address of the hospital or emergency medical services provider and shall index the record in the name of the injured individual.

(d) Except as provided by Subsection (e), not later than the fifth business day after the date a hospital or emergency medical services provider receives notice from the county clerk that a notice of lien filed under Subsection (a)(2) has been recorded in the county records, the hospital or emergency medical services provider must send a written notice to the injured individual or the injured individual's legal representative, by regular mail, to the individual's last known address, informing the individual that:

(1) the lien will attach to any cause of action or claim the individual may have against another person for the individual's injuries; and

(2) the lien does not attach to real property owned by the individual.

(e) An emergency medical services provider is not required to provide notice by mail if the emergency medical services provider provides the notice required by Subsection (d) to the injured individual or the injured individual's representative at the time emergency medical services are provided and if:

(1) the required notice is included on the emergency medical services authorization form in a paper or electronic version in a separate paragraph that is bolded and in at least 14-point type; and

(2) except as provided by Subsection (f), the notice is signed by the injured individual or the injured individual's representative.

(f) For the purposes of Subsection (e), if consent for emergency care of an individual is not required under Section 773.008, Health and Safety Code, notice provided on an emergency medical services authorization form to the injured individual is not required to be signed.

(g) The failure of an individual to receive a notice mailed in accordance with Subsection (d) does not affect the validity of a lien under this chapter.

Acts 1983, 68th Leg., p. 3563, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 1031, Sec. 1, eff. Aug. 28, 1995; Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 169 (S.B. 328), Sec. 1, eff. September 1, 2011.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1988–2022 · leading case: Madeksho v. Abraham, Watkins, Nichols & Friend, 112 S.W.3d 679 (Tex. App.—Houston [14th Dist.] 2003).
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Madeksho v. Abraham, Watkins, Nichols & Friend, 112 S.W.3d 679 (Tex. App.—Houston [14th Dist.] 2003). · cites it 2× “Tex. Prop.Code Ann. § 55.005. No statutory lien attaching to the judgment in favor of the Malones was at issue in this case.”
ETX Successor Tyler F/K/A East Texas Med. Ctr. v. Terrie Pridgeon (As Guardian of the Person & the Est. of Jason C. Dubose), 570 S.W.3d 392 (Tex. App.—Tyler 2019). “TEX. PROP. CODE ANN. § 55.005 (West 2014).”
Columbia Rio Grande Reg'l Hosp. v. Stover, 17 S.W.3d 387 (Tex. App.—Corpus Christi 2000). “28, 1995 (current version at Tex. Prop.Code Ann. § 55.005 (Vernon Supp.”
Mem'l Hermann Hosp. Sys. v. Progressive Cnty. Mut. Ins. Co., 355 S.W.3d 123 (Tex. App.—Houston [1st Dist.] 2011). · cites it 3× “” Tex. Prop.Code Ann. § 55.005 (West 2007).”
Ohio Med. Prods., Inc. v. Suber, 758 S.W.2d 870 (Tex. App. 1988). “Tex.Prop.Code Ann. § 55.002 (Vernon 1984).”
Methodist Hospitals of Dallas v. Mid-Century Ins. Co. of Texas, 259 S.W.3d 358 (Tex. App.—Dallas 2008). “Tex. PROp.Code Ann. § 55.005(b) (Vernon 2007).”
Richards v. Am. Nat. Prop. & Cas., 195 S.W.3d 758 (Tex. App.—Beaumont 2006). “" Richards presented no evidence the checks were delivered, and not simply prepared, before the notice was filed by St.”
Richards v. Am. Nat'l Prop. & Cas. Co., 195 S.W.3d 758 (Tex. App. 2006). “” Richards presented no evidence the checks were delivered, and not simply prepared, before the notice was filed by St.”
Rio Grande Reg'l Hosp., Inc., HCA Health Servs. of Texas, Inc., & Resource Corp. of Am. & Recovery of Texas, LLC v. Esther Akindayomi, No. 13-20-00330-CV (Tex. App.—Corpus Christi–Edinburg July 21, 2022). · cites it 3× “A lien notice “must contain” the following: “(1) the injured individual’s name and address”; “(2) the date of the accident”; “(3) the name and location of the hospital or emergency medical services provider claiming the lien”; and “(4) the name of the person alleged to be liable…”
McAllen Hospitals, L.P. v. State Farm Cnty. Mut. Ins. Co., 433 S.W.3d 575 (Tex. App.—Corpus Christi 2012). “See Tex. Prop.Code Ann. § 55.005 (West Supp.2011).”
Keith Wright & Belinda Melancon S. v. Johnna C. Hooker, Mary Sanford, Brandy Mireles & Ryan Brewer, No. 12-17-00095-CV (Tex. App.—Tyler Dec. 13, 2017). “005 of the Texas Property Code. See TEX. PROP. CODE ANN.”
Joseph Richards v. Am. Nat'l Prop. & Cas. Co., Joanie Cummins, Dewey L. Vines, Tina M. Vines, Brenda Vines & Christus Health Se. Texas D/B/A Christus St. Elizabeth Hosp., No. 09-05-00231-CV (Tex. App.—Beaumont May 25, 2006). “Here, the notice was filed the day the checks were "issued." Richards presented no evidence the checks were delivered, and not simply prepared, before the notice was filed by St.”
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Tex. Prop. Code § 55.005(a): 3 cases
Mem'l Hermann Hosp. Sys. v. Progressive Cnty. Mut. Ins. Co., 355 S.W.3d 123 (Tex. App.—Houston [1st Dist.] 2011). “” Tex. Prop.Code Ann. § 55.005 (West 2007).”
Richards v. Am. Nat. Prop. & Cas., 195 S.W.3d 758 (Tex. App.—Beaumont 2006). “" Richards presented no evidence the checks were delivered, and not simply prepared, before the notice was filed by St.”
Richards v. Am. Nat'l Prop. & Cas. Co., 195 S.W.3d 758 (Tex. App. 2006). “” Richards presented no evidence the checks were delivered, and not simply prepared, before the notice was filed by St.”
Tex. Prop. Code § 55.005(b): 2 cases
Methodist Hospitals of Dallas v. Mid-Century Ins. Co. of Texas, 259 S.W.3d 358 (Tex. App.—Dallas 2008). “Tex. PROp.Code Ann. § 55.005(b) (Vernon 2007).”
Rio Grande Reg'l Hosp., Inc., HCA Health Servs. of Texas, Inc., & Resource Corp. of Am. & Recovery of Texas, LLC v. Esther Akindayomi, No. 13-20-00330-CV (Tex. App.—Corpus Christi–Edinburg July 21, 2022). “A lien notice “must contain” the following: “(1) the injured individual’s name and address”; “(2) the date of the accident”; “(3) the name and location of the hospital or emergency medical services provider claiming the lien”; and “(4) the name of the person alleged to be liable…”
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