Bill Text: TX HB2346 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to persons entitled to a mechanic's lien on real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB2346 Detail]
Download: Texas-2019-HB2346-Introduced.html
86R4677 BEE-F | ||
By: Darby | H.B. No. 2346 |
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relating to persons entitled to a mechanic's lien on real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 53.021(c), Property Code, is amended to | ||
read as follows: | ||
(c) An architect, engineer, interior designer registered | ||
under Chapter 1053, Occupations Code, or surveyor who prepares a | ||
plan, design, or plat under or by virtue of a written contract with | ||
the owner or the owner's agent, trustee, or receiver in connection | ||
with the actual or proposed design, construction, or repair of | ||
improvements on real property or the location of the boundaries of | ||
real property has a lien on the property. | ||
SECTION 2. Section 53.023, Property Code, is amended to | ||
read as follows: | ||
Sec. 53.023. PAYMENT SECURED BY LIEN. The lien secures | ||
payment for: | ||
(1) the labor done or material furnished for the | ||
construction or repair; | ||
(2) the specially fabricated material, even if the | ||
material has not been delivered or incorporated into the | ||
construction or repair, less its fair salvage value; or | ||
(3) the preparation of a plan, design, or plat by an | ||
architect, engineer, interior designer registered under Chapter | ||
1053, Occupations Code, or surveyor in accordance with Section | ||
53.021(c). | ||
SECTION 3. Section 53.053(a), Property Code, is amended to | ||
read as follows: | ||
(a) For purposes of Section 53.052, indebtedness accrues on | ||
a contract under which a plan, design, or plat is prepared, labor | ||
was performed, materials were furnished, or specially fabricated | ||
materials are to be furnished in accordance with this section. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
a contract entered into on or after the effective date of this Act. | ||
A contract entered into before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2019. |