Texas hospital liens, Property Code chapter 55: the statute text explained

The short answer

Texas Property Code §55.002 gives a hospital "a lien on a cause of action or claim of an individual who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person", if the individual is admitted not later than 72 hours after the accident (Prop. Code §55.002). An emergency medical services provider has a similar lien in a county with a population of 800,000 or less. Section 55.004 limits the amount of each lien, and §55.005 says how a lien is secured (§§55.004, 55.005). An attorney can tell you how these rules apply to a specific situation.

This entry provides general informational guidance and is not legal advice.

Key facts (as of 2026-10-27)

• Admission within 72 hours. For a hospital lien to attach, the individual must be admitted not later than 72 hours after the accident (§55.002(a)). An individual is considered admitted if allowed access to any department of the hospital for treatment, care or service (§55.0015).
• On the claim, not on property. The lien attaches to the cause of action, a judgment, and the proceeds of an agreed resolution of the claim (§55.003(a)); the required notice tells the individual that it does not attach to real property the individual owns (§55.005(d)).
• Limited amount. A hospital lien is for the lesser of three amounts listed in §55.004(b), and an EMS lien may not exceed $1,000 (§55.004(b), (f)).
• Reasonable and regular rates. A hospital lien does not cover charges for other services that exceed a reasonable and regular rate for the services (§55.004(d)(1)).
• Filed with the county clerk. To secure the lien, the provider must file written notice with the county clerk before money is paid to an entitled person because of the injury (§55.005(a)).
• Last amended in 2021. The history line for §55.004 lists Acts 2021, 87th Leg., R.S., ch. 812 (H.B. 2064) as its most recent amendment.

What does §55.002 say?

The official text of Tex. Prop. Code §55.002, as published by the Texas Legislature:

Sec. 55.002. LIEN. (a) A hospital has a lien on a cause of action or claim of an individual who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person. For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.

(b) The lien extends to both the admitting hospital and a hospital to which the individual is transferred for treatment of the same injury.

(c) An emergency medical services provider has a lien on a cause of action or claim of an individual who receives emergency medical services in a county with a population of 800,000 or less for injuries caused by an accident that is attributed to the negligence of another person. For the lien to attach, the individual must receive the emergency medical services not later than 72 hours after the accident.

Source: Tex. Prop. Code §55.002, statutes.capitol.texas.gov. Text last checked October 27, 2026.

How is the amount limited?

The official text of §55.004(b), with one word omitted and marked:

(b) A hospital lien described by Section 55.002(a) is for the lesser of: (1) the amount of the hospital's charges for services provided to the injured individual during the first 100 days of the injured individual's hospitalization; (2) 50 percent of all amounts recovered by the injured individual through a cause of action, judgment, or […] described by Section 55.003(a); or (3) if the trier of fact specifies the amount awarded for hospital charges for services provided to the injured individual, the amount awarded by the trier of fact for the services provided to the injured individual by the hospital less the pro rata share of reasonable attorney's fees and expenses the injured individual incurred in pursuing the claim.

The "[…]" in (2) replaces one word: the statute's term for an agreed resolution of a claim. The full text is at the source link.

The official text of §55.004(f):

(f) An emergency medical services lien described by Section 55.002(c) is for the amount charged by the emergency medical services provider, not to exceed $1,000, for emergency medical services provided to the injured individual during the 72 hours following the accident that caused the individual's injuries.

Source: Tex. Prop. Code §55.004.

What does it mean in plain language?

• The lien is on the claim. Under §55.003(a), the lien attaches to the injured individual's cause of action for damages arising from the injury, to a judgment, and to the proceeds of an agreed resolution of the claim (§55.003). Section 55.003(b) says it does not attach to a workers' compensation claim or, with one exception for public liability insurance, to the proceeds of an insurance policy in favor of the injured individual.
• The lowest of three figures. Section 55.004(b) sets the lien at the lesser of the first-100-days hospital charges, half of what is recovered through the claim, or, where a jury or judge specifies the hospital charges, that award less a pro rata share of attorney's fees and expenses.
• Physician charges can be included. A hospital lien may also include a physician's reasonable and necessary charges for emergency hospital care during the first seven days of hospitalization, with exclusions listed in §55.004(d) (§55.004(c)-(d)).
• EMS liens are capped. An EMS lien is for the amount charged, not to exceed $1,000, for services in the 72 hours after the accident (§55.004(f)).

How is a lien secured and released?

The official text of §55.005(a):

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.

Source: Tex. Prop. Code §55.005. In plain language:

• What the filed notice contains. The injured individual's name and address, the date of the accident, the name and location of the hospital or provider claiming the lien, and the name of the person alleged to be liable, if known (§55.005(b)).
• Notice by mail. Not later than the fifth business day after the provider receives notice from the county clerk that the lien was recorded, it must mail the injured individual or the individual's legal representative a notice that the lien will attach to any cause of action or claim against another person for the injuries and does not attach to real property owned by the individual. An EMS provider can instead give that notice on its authorization form under the conditions in §55.005(e)-(f) (§55.005(d)-(f)).
• A missed letter does not void the lien. The failure of an individual to receive a notice mailed under subsection (d) does not affect the validity of the lien (§55.005(g)).
• Releases. A release of a cause of action or judgment to which a lien may attach is not valid unless the provider's charges were paid in full, or paid to the extent of the consideration paid to the injured individual, before the release, or unless the provider is a party to the release (§55.007(a)).
• Discharge. A lien is discharged when the provider files a certificate with the county clerk that the debt has been paid or released (§55.006).

When was this checked, and can it change?

The text above was last checked on October 27, 2026, against the official text published by the Texas Legislature. The Legislature can amend a statute in any session. It convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

Related guides

• Texas hospital and medical liens
• Who pays medical bills after a Texas car accident
• Texas paid or incurred rule: CPRC §41.0105
• Texas car crash law reference: all entries
• Car accident information for Houston

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