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A BILL TO BE ENTITLED
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AN ACT
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relating to imposing liens for labor and materials provided by |
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interior designers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 70, Property Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. INTERIOR DESIGNER'S LIEN |
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Sec. 70.601. DEFINITIONS. In this subchapter: |
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(1) "Interior design contract" means a written |
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contract entered into with an interior design contractor. |
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(2) "Interior design contractor" means a person who |
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enters into an interior design contract to provide labor or |
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materials as an interior designer who holds a certificate of |
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registration under Chapter 1053, Occupations Code. |
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(3) "Interior environment" means the interior |
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environment or space identified in an interior design contract. |
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Sec. 70.602. INTERIOR DESIGNER'S LIEN. An interior design |
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contractor who provides labor or materials under an interior design |
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contract has a lien for the amount owed under the contract. |
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Sec. 70.603. PROPERTY TO WHICH LIEN ATTACHES. A lien under |
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Section 70.602 attaches to: |
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(1) personal property provided under the interior |
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design contract; and |
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(2) all non-exempt real property: |
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(A) that is owned by a person who contracts with |
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an interior design contractor; and |
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(B) on which the interior environment is located. |
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Sec. 70.604. PERFECTING LIEN. An interior design |
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contractor claiming a lien under this subchapter may perfect a lien |
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by filing a lien affidavit with the county clerk of the county in |
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which the real property on which the interior environment is |
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located. |
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Sec. 70.605. CONTENTS OF AFFIDAVIT. (a) The affidavit |
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described by Section 70.604 must be a sworn statement signed by the |
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person claiming the lien or by another person on the claimant's |
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behalf and must contain: |
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(1) the amount of the claim; |
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(2) the name and last known address of the owner or |
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reputed owner of the property on which the interior environment is |
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located; |
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(3) a general statement of the kind of labor done and |
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materials provided by the claimant; |
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(4) a description, legally sufficient for |
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identification, of the property sought to be charged with the lien; |
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and |
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(5) the claimant's name, mailing address, and, if |
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different, physical address. |
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(b) The affidavit is not required to itemize individual |
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items of labor or material provided under the interior design |
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contract. |
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Sec. 70.606. EXPIRATION AND DISCHARGE OF LIEN. A lien under |
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this subchapter does not expire and is discharged only when the |
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claimant receives full payment of the amount owed to the claimant |
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under the interior design contract. |
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Sec. 70.607. APPLICABILITY OF OTHER LAW. Chapter 9, |
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Business & Commerce Code, including applicable filing and |
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perfection requirements, applies to a lien on personal property |
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under this subchapter. |
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SECTION 2. The changes to law made by this Act apply only to |
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an interior design contract, as described by Subchapter G, Chapter |
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70, Property Code, as added by this Act, entered into on or after |
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the effective date of this Act. A contract entered into before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |