Bill Text: TX HB4301 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to certain deadlines and other timing factors affecting mechanic's, contractor's, or materialman's liens.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2023-05-15 - Referred to Business & Commerce [HB4301 Detail]

Download: Texas-2023-HB4301-Engrossed.html

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88R18511 DRS-F
By: Schofield H.B. No. 4301

A BILL TO BE ENTITLED
AN ACT
relating to certain deadlines and other timing factors affecting
mechanic's, contractor's, or materialman's liens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.003(e), Property Code, is amended to
read as follows:
(e) In determining the deadline or computing the period of
days in which to provide a notice or to take any action required
under this chapter, if the deadline or the last day of the period is
a Saturday, Sunday, or legal holiday, the period is extended to
include the next day that is not a Saturday, Sunday, or legal
holiday.
SECTION 2. Section 53.124(e), Property Code, is amended to
read as follows:
(e) The time of inception of a lien that is created under
Section 53.021(3), (4), or (5) [53.021(c), (d), or (e)] is the date
of recording of an affidavit of lien under Section 53.052. The
priority of a lien claimed by a person entitled to a lien under
Section 53.021(3), (4), or (5) [53.021(c), (d), or (e)] with
respect to other mechanic's liens is determined by the date of
recording. A lien created under Section 53.021(3), (4), or (5)
[53.021(c), (d), or (e)] is not valid or enforceable against a
grantee or purchaser who acquires an interest in the real property
before the time of inception of the lien.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.