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Texas Laws | Property Code
PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS

(2) interest on funds subject to the lien at the judgment interest rate as provided by Chapter 304, Finance Code. (4925)

Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2001. (4926)

Sec. 70.410. WAIVER OF CERTAIN RIGHTS PROHIBITED. (4927)(Text)

An agricultural producer's agreement with a contract purchaser to waive the producer's right to seek a remedy provided by this subchapter is void. (4928)

Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2001. (4929)

Sec. 70.501. LANDOWNER'S LIEN. (4930)(Text)

A person who owns real property in this state that is enclosed by a fence or other structure obviously designed to exclude intruders or to contain livestock or other animals may obtain from a court in this state a judgment entitling the person to a lien against the motor vehicle of a person who damages the landowner's fence with the motor vehicle if the person who damages the landowner's fence: (4931)

(1) owns the motor vehicle; or (4932)

(2) has the consent of the owner of the motor vehicle to drive the vehicle at the time the person damages the landowner's fence. (4933)

Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007. (4934)

Sec. 70.502. AMOUNT OF LIEN. (4935)(Text)

The amount of a landowner's lien under this subchapter is equal to the lesser of: (4936)

(1) the fair market value of the motor vehicle on the date the landowner's fence is damaged; or (4937)

(2) the actual cost incurred by the landowner to: (4938)

(A) repair the fence; (4939)

(B) recapture any livestock or other animals that escaped as a direct result of the damage to the fence; and (4940)

(C) have the vehicle towed from the property and stored. (4941)

Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007. (4942)

Sec. 70.503. PROPERTY TO WHICH LIEN ATTACHES. (4943)(Text)

A landowner's lien under this chapter attaches only to a motor vehicle that causes damage to a fence as described by Section 70.501. (4944)

Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007. (4945)

Sec. 70.504. PERFECTING LIEN. (4946)(Text)

A landowner may perfect a lien under this subchapter in the manner provided by Subchapter F, Chapter 501, Transportation Code. (4947)

Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007. (4948)

Sec. 70.505. EXPIRATION AND DISCHARGE OF LIEN. (4949)(Text)

A lien under this subchapter does not expire and is discharged only when the landowner receives payment of the lien. (4950)

Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007. (4951)

Sec. 70.506. REMOVAL OF VEHICLE FROM LANDOWNER'S PROPERTY. (4952)(Text)

A landowner whose fence is damaged by a motor vehicle that is then abandoned on the owner's property, or the landowner's agent, may: (4953)

(1) select a towing service to remove the vehicle from the landowner's property; and (4954)

(2) designate the time at which the towing service may enter the property to remove the vehicle. (4955)

Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007. (4956)

TITLE 6. UNCLAIMED PROPERTY (4957)(Text)

CHAPTER 71. ESCHEAT OF PROPERTY (4958)(Text)

Sec. 71.001. ESCHEAT. (4959)(Text)

(a) If an individual dies intestate and without heirs, the real and personal property of that individual is subject to escheat. (4960)

(b) "Escheat" means the vesting of title to property in the state in an escheat proceeding under Subchapter B. (4961)

Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 2, eff. Sept. 1, 1985. (4962)

Sec. 71.002. PRESUMPTION OF DEATH. (4963)(Text)

An individual is presumed dead for the purpose of determining if the individual's real or personal property is subject to escheat if the individual: (4964)

(1) is absent from the individual's place of residence for seven years or longer; and (4965)

(2) is not known to exist. (4966)

Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 3, eff. Sept. 1, 1985. (4967)

Sec. 71.003. PRESUMPTION OF INTESTACY. (4968)(Text)

An individual is presumed to have died intestate if, on or before the seventh anniversary of the date of the individual's death, the individual's will has not been recorded or probated in the county where the individual's property is located. (4969)

Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984. (4970)

Sec. 71.004. PRESUMPTION OF DEATH WITHOUT HEIRS. (4971)(Text)

An individual is presumed to have died leaving no heirs if for the seven-year period preceding the court's determination: (4972)

(1) a lawful claim to the individual's property has not been asserted; and (4973)

(2) a lawful act of ownership of the individual's property has not been exercised. (4974)

Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984. (4975)

Sec. 71.005. ACT OF OWNERSHIP. (4976)(Text)

For the purposes of this chapter, an individual exercises a lawful act of ownership in property by, personally or through an agent, paying taxes to this state on the property. (4977)

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