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Tex. Prop. Code § 55.007

VALIDITY OF RELEASE

Applied in 7 court decisions — leading case Bashara v. Baptist Memorial Hospital System (1985)

Most recently applied in Allstate Indemnity Company v. Memorial Herman Health System (June 2014)

Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff

How often courts cite this section

1985199020002010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A release of a cause of action or judgment to which a lien under this chapter may attach is not valid unless:

(1) the charges of the hospital or emergency medical services provider claiming the lien were paid in full before the execution and delivery of the release;

(2) the charges of the hospital or emergency medical services provider claiming the lien were paid before the execution and delivery of the release to the extent of any full and true consideration paid to the injured individual by or on behalf of the other parties to the release; or

(3) the hospital or emergency medical services provider claiming the lien is a party to the release.

(b) A judgment to which a lien under this chapter has attached remains in effect until the charges of the hospital or emergency medical services provider claiming the lien are paid in full or to the extent set out in the judgment.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.