Tex. Health & Safety Code Section 533A.004
Liens


(a)

In this section, “department facility” includes the ICF-IID component of the Rio Grande State Center.

(a-1)

The department and each community center has a lien to secure reimbursement for the cost of providing support, maintenance, and treatment to a client with an intellectual disability in an amount equal to the amount of reimbursement sought.

(b)

The amount of the reimbursement sought may not exceed:

(1)

the amount the department is authorized to charge under Subchapter D (Application of Subchapter), Chapter 593 (Admission and Commitment to Intellectual Disability Services), if the client received the services in a department facility; or

(2)

the amount the community center is authorized to charge under Section 534.017 (Fees for Services) if the client received the services in a community center.

(c)

The lien attaches to:

(1)

all nonexempt real and personal property owned or later acquired by the client or by a person legally responsible for the client’s support;

(2)

a judgment of a court in this state or a decision of a public agency in a proceeding brought by or on behalf of the client to recover damages for an injury for which the client was admitted to a department facility or community center; and

(3)

the proceeds of a settlement of a cause of action or a claim by the client for an injury for which the client was admitted to a department facility or community center.

(d)

To secure the lien, the department or community center must file written notice of the lien with the county clerk of the county in which:

(1)

the client, or the person legally responsible for the client’s support, owns property; or

(2)

the client received or is receiving services.

(e)

The notice must contain:

(1)

the name and address of the client;

(2)

the name and address of the person legally responsible for the client’s support, if applicable;

(3)

the period during which the department facility or community center provided services or a statement that services are currently being provided; and

(4)

the name and location of the department facility or community center.

(f)

Not later than the 31st day before the date on which the department files the notice of the lien with the county clerk, the department shall notify by certified mail the client and the person legally responsible for the client’s support. The notice must contain a copy of the charges, the statutory procedures relating to filing a lien, and the procedures to contest the charges. The executive commissioner by rule shall prescribe the procedures to contest the charges.

(g)

The county clerk shall record on the written notice the name of the client, the name and address of the department facility or community center, and, if requested by the person filing the lien, the name of the person legally responsible for the client’s support. The clerk shall index the notice record in the name of the client and, if requested by the person filing the lien, in the name of the person legally responsible for the client’s support.

(h)

The notice record must include an attachment that contains an account of the charges made by the department facility or community center and the amount due to the facility or center. The director or superintendent of the facility or center must swear to the validity of the account. The account is presumed to be correct, and in a suit to cancel the debt and discharge the lien or to foreclose on the lien, the account is sufficient evidence to authorize a court to render a judgment for the facility or center.

(i)

To discharge the lien, the director or superintendent of the department facility or community center or a claims representative of the facility or center must execute and file with the county clerk of the county in which the lien notice is filed a certificate stating that the debt covered by the lien has been paid, settled, or released and authorizing the clerk to discharge the lien. The county clerk shall record a memorandum of the certificate and the date on which it is filed. The filing of the certificate and recording of the memorandum discharge the lien.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.

Source: Section 533A.004 — Liens, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­533A.­htm#533A.­004 (accessed Jun. 5, 2024).

533A.001
Definitions
533A.002
Commissioner’s Powers and Duties
533A.003
Use of Funds for Volunteer Programs in Local Authorities and Community Centers
533A.004
Liens
533A.005
Easements
533A.006
Reporting of Allegations Against Physician
533A.007
Use of Criminal History Record Information
533A.008
Employment Opportunities for Individuals with Mental Illness or an Intellectual Disability
533A.009
Exchange of Client Records
533A.010
Information Relating to Condition
533A.011
Return of Person with an Intellectual Disability to State of Residence
533A.012
Cooperation of State Agencies
533A.015
Unannounced Inspections
533A.016
Certain Procurements of Goods and Services by Service Providers
533A.017
Participation in Purchasing Contracts or Group Purchasing Program
533A.018
Revenue from Special Olympics Texas License Plates
533A.031
Definitions
533A.032
Long-range Planning
533A.034
Authority to Contract for Community-based Services
533A.035
Local Intellectual and Developmental Disability Authorities
533A.037
Service Programs and Sheltered Workshops
533A.038
Facilities and Services for Clients with an Intellectual Disability
533A.040
Services for Children and Youth
533A.042
Evaluation of Elderly Residents
533A.043
Proposals for Geriatric Care
533A.062
Plan on Long-term Care for Persons with an Intellectual Disability
533A.066
Information Relating to Icf-iid Program
533A.0075
Exchange of Employment Records
533A.081
Development of Facility Budgets
533A.082
Determination of Savings in Facilities
533A.083
Criteria for Expansion, Closure, or Consolidation of Facility
533A.084
Management of Surplus Real Property
533A.085
Facilities for Inmate and Parolee Care
533A.087
Lease of Real Property
533A.0095
Collection and Maintenance of Information Regarding Persons Found Not Guilty by Reason of Insanity
533A.108
Prioritization of Funding for Diversion of Persons from Incarceration in Certain Counties
533A.0325
Continuum of Services in Department Facilities
533A.0335
Comprehensive Assessment and Resource Allocation Process
533A.0345
State Agency Services Standards
533A.0352
Local Authority Planning for Local Service Area
533A.0355
Local Intellectual and Developmental Disability Authority Responsibilities
533A.0415
Memorandum of Understanding on Interagency Training
533A.0846
Intellectual Disability Community Services Account
533A.03551
Flexible, Low-cost Housing Options
533A.03552
Behavioral Supports for Individuals with Intellectual and Developmental Disabilities at Risk of Institutionalization

Accessed:
Jun. 5, 2024

§ 533A.004’s source at texas​.gov