| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to deadlines and time of inception for mechanic's and |
|
|
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), [(c)] (4) [(d)], or (5) [(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), [(c)] (4) [(d)], or (5) [(e)] with respect to |
|
|
other mechanic's liens is determined by the date of recording. A |
|
|
lien created under Section 53.021(3), [(c)] (4) [(d)], or (5) [(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. |