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TEXAS STATUTES AND CODES

CHAPTER 14. UNIFORM FEDERAL LIEN REGISTRATION ACT

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PROPERTY CODETITLE 3. PUBLIC RECORDSCHAPTER 14. UNIFORM FEDERAL LIEN REGISTRATION ACTSec. 14.001.SCOPE.This chapter applies only to federal taxliens and to other federal liens notices of which under any Actof Congress or any regulation adopted pursuant thereto arerequired or permitted to be filed in the same manner as noticesof federal tax liens.Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,1989.Sec. 14.002.PLACE OF FILING.(a)Notices of liens,certificates, and other notices affecting federal tax liens orother federal liens must be filed in accordance with thischapter.(b)Notices of liens upon real property for obligations payableto the United States and certificates and notices affecting theliens shall be filed in the office of the county clerk in thecounty in which the real property subject to the liens issituated.(c)Notices of federal liens upon personal property, whethertangible or intangible, for obligations payable to the UnitedStates and certificates and notices affecting the liens shall befiled as follows:(1)if the person against whose interest the lien applies is acorporation or a partnership whose principal executive office isin this state, as these entities are defined in the internalrevenue laws of the United States, in the office of the secretaryof state;(2)in all other cases, in the office of the county clerk in thecounty where the person against whose interest the lien appliesresides at the time of filing of the notice of lien.Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,1989.Sec. 14.003.EXECUTION OF NOTICES AND CERTIFICATES.Certification of notices of liens, certificates, or other noticesaffecting federal liens by the secretary of the treasury of theUnited States or his delegate, or by any official or entity ofthe United States responsible for filing or certifying of noticeof any other lien, entitles them to be filed and no otherattestation, certification, or acknowledgment is necessary.Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,1989.Sec. 14.004.DUTIES OF FILING OFFICER.(a)If a notice offederal lien, a refiling of a notice of federal lien, or a noticeof revocation of any certificate described in Subsection (b) ispresented to a filing officer who is:(1)the secretary of state, he shall cause the notice to bemarked, held or placed on microtext, and indexed in accordancewith the provisions of Section 9.519, Business & CommerceCode, as if the notice were a financing statement within themeaning of that code; or(2)any other officer described in Section 14.002, he shallendorse thereon his identification and the date and time ofreceipt and forthwith file it alphabetically in the real propertyrecords and if requested by the party submitting the document, inthe personal property files or enter it in an alphabetical indexfor real or personal property, as appropriate, showing the nameand address of the person named in the notice, the date and timeof receipt, the title and address of the official or entitycertifying the lien, and the total amount appearing on the noticeof lien.(b)If a certificate of release, nonattachment, discharge, orsubordination of any lien is presented to the secretary of statefor filing he shall:(1)cause a certificate of release or nonattachment to bemarked, held, and indexed as if the certificate were atermination statement within the meaning of the UniformCommercial Code, but the notice of lien to which the certificaterelates may not be removed from the files; and(2)cause a certificate of discharge or subordination to bemarked, held, and indexed as if the certificate were a release ofcollateral within the meaning of the Uniform Commercial Code.(c)If a refiled notice of federal lien referred to inSubsection (a) or any of the certificates or notices referred toin Subsection (b) is presented for filing to any other filingofficer specified in Section 14.002, he shall permanently attachthe refiled notice or the certificate to the original notice oflien unless the document is on microtext and therefore not in thefiles of the filing officer and enter the refiled notice or thecertificate with the date of filing in any alphabetical lienindex on the line where the original notice of lien is entered.(d)Upon request of any person, the filing officer shall issuehis certificate showing whether there is on file, on a date andtime specified by the filing office, but not a date earlier thanthree business days before the date the filing office receivesthe request, any notice of lien or certificate or noticeaffecting any lien filed under this chapter or filed under theUniform Federal Tax Lien Registration Act (Subchapter C, Chapter113, Tax Code) on or after January 1, 1972, naming a particularperson, and if a notice or certificate is on file, giving thedate and hour of filing of each notice or certificate.Theamount of the fee for a certificate is the same as the amount ofthe fee provided by Section 9.525(d), Business & CommerceCode.Upon request, the filing officer shall furnish a copy ofany notice of federal lien.The fee for a copy furnished underthis section is in the amount provided by Section 405.031,Government Code.(e)Section 9.523, Business & Commerce Code, applies to afederal lien filed under this chapter.Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,1989. Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.34, eff.July 1, 2001.Amended by:Acts 2009, 81st Leg., R.S., Ch.547, Sec. 10, eff. September 1, 2009.Sec. 14.005.FEE.The fee for filing and indexing each noticeof lien or certificate or notice affecting the lien is $10. Thefiling of the same notice of lien or certificate or noticeaffecting a lien in both real property records and personalproperty files is two filings.Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,1989.Sec. 14.006.UNIFORMITY OF APPLICATION AND CONSTRUCTION.Thischapter shall be applied and construed to effectuate its generalpurpose to make uniform the law with respect to the subject ofthis chapter among states enacting it.Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,1989.Sec. 14.007.SHORT TITLE.This chapter may be cited as theUniform Federal Lien Registration Act.Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,1989.
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  • PROPERTY CODE

    TITLE 3. PUBLIC RECORDS

    CHAPTER 14. UNIFORM FEDERAL LIEN REGISTRATION ACT

    Sec. 14.001. SCOPE. This chapter applies only to federal tax

    liens and to other federal liens notices of which under any Act

    of Congress or any regulation adopted pursuant thereto are

    required or permitted to be filed in the same manner as notices

    of federal tax liens.

    Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,

    1989.

    Sec. 14.002. PLACE OF FILING. (a) Notices of liens,

    certificates, and other notices affecting federal tax liens or

    other federal liens must be filed in accordance with this

    chapter.

    (b) Notices of liens upon real property for obligations payable

    to the United States and certificates and notices affecting the

    liens shall be filed in the office of the county clerk in the

    county in which the real property subject to the liens is

    situated.

    (c) Notices of federal liens upon personal property, whether

    tangible or intangible, for obligations payable to the United

    States and certificates and notices affecting the liens shall be

    filed as follows:

    (1) if the person against whose interest the lien applies is a

    corporation or a partnership whose principal executive office is

    in this state, as these entities are defined in the internal

    revenue laws of the United States, in the office of the secretary

    of state;

    (2) in all other cases, in the office of the county clerk in the

    county where the person against whose interest the lien applies

    resides at the time of filing of the notice of lien.

    Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,

    1989.

    Sec. 14.003. EXECUTION OF NOTICES AND CERTIFICATES.

    Certification of notices of liens, certificates, or other notices

    affecting federal liens by the secretary of the treasury of the

    United States or his delegate, or by any official or entity of

    the United States responsible for filing or certifying of notice

    of any other lien, entitles them to be filed and no other

    attestation, certification, or acknowledgment is necessary.

    Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,

    1989.

    Sec. 14.004. DUTIES OF FILING OFFICER. (a) If a notice of

    federal lien, a refiling of a notice of federal lien, or a notice

    of revocation of any certificate described in Subsection (b) is

    presented to a filing officer who is:

    (1) the secretary of state, he shall cause the notice to be

    marked, held or placed on microtext, and indexed in accordance

    with the provisions of Section 9.519, Business & Commerce

    Code, as if the notice were a financing statement within the

    meaning of that code; or

    (2) any other officer described in Section 14.002, he shall

    endorse thereon his identification and the date and time of

    receipt and forthwith file it alphabetically in the real property

    records and if requested by the party submitting the document, in

    the personal property files or enter it in an alphabetical index

    for real or personal property, as appropriate, showing the name

    and address of the person named in the notice, the date and time

    of receipt, the title and address of the official or entity

    certifying the lien, and the total amount appearing on the notice

    of lien.

    (b) If a certificate of release, nonattachment, discharge, or

    subordination of any lien is presented to the secretary of state

    for filing he shall:

    (1) cause a certificate of release or nonattachment to be

    marked, held, and indexed as if the certificate were a

    termination statement within the meaning of the Uniform

    Commercial Code, but the notice of lien to which the certificate

    relates may not be removed from the files; and

    (2) cause a certificate of discharge or subordination to be

    marked, held, and indexed as if the certificate were a release of

    collateral within the meaning of the Uniform Commercial Code.

    (c) If a refiled notice of federal lien referred to in

    Subsection (a) or any of the certificates or notices referred to

    in Subsection (b) is presented for filing to any other filing

    officer specified in Section 14.002, he shall permanently attach

    the refiled notice or the certificate to the original notice of

    lien unless the document is on microtext and therefore not in the

    files of the filing officer and enter the refiled notice or the

    certificate with the date of filing in any alphabetical lien

    index on the line where the original notice of lien is entered.

    (d) Upon request of any person, the filing officer shall issue

    his certificate showing whether there is on file, on a date and

    time specified by the filing office, but not a date earlier than

    three business days before the date the filing office receives

    the request, any notice of lien or certificate or notice

    affecting any lien filed under this chapter or filed under the

    Uniform Federal Tax Lien Registration Act (Subchapter C, Chapter

    113, Tax Code) on or after January 1, 1972, naming a particular

    person, and if a notice or certificate is on file, giving the

    date and hour of filing of each notice or certificate. The

    amount of the fee for a certificate is the same as the amount of

    the fee provided by Section 9.525(d), Business & Commerce

    Code. Upon request, the filing officer shall furnish a copy of

    any notice of federal lien. The fee for a copy furnished under

    this section is in the amount provided by Section 405.031,

    Government Code.

    (e) Section 9.523, Business & Commerce Code, applies to a

    federal lien filed under this chapter.

    Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,

    1989. Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.34, eff.

    July 1, 2001.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    547, Sec. 10, eff. September 1, 2009.

    Sec. 14.005. FEE. The fee for filing and indexing each notice

    of lien or certificate or notice affecting the lien is $10. The

    filing of the same notice of lien or certificate or notice

    affecting a lien in both real property records and personal

    property files is two filings.

    Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,

    1989.

    Sec. 14.006. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This

    chapter shall be applied and construed to effectuate its general

    purpose to make uniform the law with respect to the subject of

    this chapter among states enacting it.

    Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,

    1989.

    Sec. 14.007. SHORT TITLE. This chapter may be cited as the

    Uniform Federal Lien Registration Act.

    Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1,

    1989.

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