Bill Text: TX HB3756 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to imposing liens for labor and materials provided by interior designers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-04 - Left pending in committee [HB3756 Detail]
Download: Texas-2011-HB3756-Introduced.html
| By: Carter | H.B. No. 3756 | |
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| relating to imposing liens for labor and materials provided by | ||
| interior designers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 70, Property Code, is amended by adding | ||
| Subchapter G to read as follows: | ||
| SUBCHAPTER G. INTERIOR DESIGNER'S LIEN | ||
| Sec. 70.601. DEFINITIONS. In this subchapter: | ||
| (1) "Interior design contract" means a written | ||
| contract entered into with an interior design contractor. | ||
| (2) "Interior design contractor" means a person who | ||
| enters into an interior design contract to provide labor or | ||
| materials as an interior designer who holds a certificate of | ||
| registration under Chapter 1053, Occupations Code. | ||
| (3) "Interior environment" means the interior | ||
| environment or space identified in an interior design contract. | ||
| Sec. 70.602. INTERIOR DESIGNER'S LIEN. An interior design | ||
| contractor who provides labor or materials under an interior design | ||
| contract has a lien for the amount owed under the contract. | ||
| Sec. 70.603. PROPERTY TO WHICH LIEN ATTACHES. A lien under | ||
| Section 70.602 attaches to: | ||
| (1) personal property provided under the interior | ||
| design contract; and | ||
| (2) all non-exempt real property: | ||
| (A) that is owned by a person who contracts with | ||
| an interior design contractor; and | ||
| (B) on which the interior environment is located. | ||
| Sec. 70.604. PERFECTING LIEN. An interior design | ||
| contractor claiming a lien under this subchapter may perfect a lien | ||
| by filing a lien affidavit with the county clerk of the county in | ||
| which the real property on which the interior environment is | ||
| located. | ||
| Sec. 70.605. CONTENTS OF AFFIDAVIT. (a) The affidavit | ||
| described by Section 70.604 must be a sworn statement signed by the | ||
| person claiming the lien or by another person on the claimant's | ||
| behalf and must contain: | ||
| (1) the amount of the claim; | ||
| (2) the name and last known address of the owner or | ||
| reputed owner of the property on which the interior environment is | ||
| located; | ||
| (3) a general statement of the kind of labor done and | ||
| materials provided by the claimant; | ||
| (4) a description, legally sufficient for | ||
| identification, of the property sought to be charged with the lien; | ||
| and | ||
| (5) the claimant's name, mailing address, and, if | ||
| different, physical address. | ||
| (b) The affidavit is not required to itemize individual | ||
| items of labor or material provided under the interior design | ||
| contract. | ||
| Sec. 70.606. EXPIRATION AND DISCHARGE OF LIEN. A lien under | ||
| this subchapter does not expire and is discharged only when the | ||
| claimant receives full payment of the amount owed to the claimant | ||
| under the interior design contract. | ||
| Sec. 70.607. APPLICABILITY OF OTHER LAW. Chapter 9, | ||
| Business & Commerce Code, including applicable filing and | ||
| perfection requirements, applies to a lien on personal property | ||
| under this subchapter. | ||
| SECTION 2. The changes to law made by this Act apply only to | ||
| an interior design contract, as described by Subchapter G, Chapter | ||
| 70, Property Code, as added by this Act, 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 3. This Act takes effect September 1, 2011. | ||
