Bill Text: TX HB456 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a security services contractor's lien.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-14 - Left pending in committee [HB456 Detail]
Download: Texas-2011-HB456-Introduced.html
| 82R538 PMO-D | ||
| By: Lucio III | H.B. No. 456 | |
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| relating to a security services contractor's lien. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 5, Property Code, is amended by | ||
| adding Chapter 64 to read as follows: | ||
| CHAPTER 64. SECURITY SERVICES CONTRACTOR'S LIEN | ||
| Sec. 64.001. DEFINITIONS. In this chapter: | ||
| (1) "Security services" means the activities listed in | ||
| Section 1702.102(a), Occupations Code. | ||
| (2) "Security services contractor" has the meaning | ||
| assigned by Section 1702.002, Occupations Code. | ||
| Sec. 64.002. LIEN. A security services contractor who | ||
| provides security services for a commercial entity under a contract | ||
| with the commercial entity has a lien under this chapter for the | ||
| amount owed under the contract. | ||
| Sec. 64.003. PROPERTY SUBJECT TO LIEN. The lien attaches to | ||
| the premises for which the security services contractor provided | ||
| security services under the contract, if owned by the commercial | ||
| entity that entered into the contract, and to the personal property | ||
| owned by the commercial entity and located on that premises. | ||
| Sec. 64.004. SECURING LIEN. A security services contractor | ||
| who has not been paid for security services provided and who wants | ||
| to claim a lien under this chapter must, not later than the 30th day | ||
| after the date the indebtedness accrues: | ||
| (1) file with the county clerk of the county in which | ||
| the premises are located a copy of an account of the services with | ||
| an affidavit verifying the account by the party making the account; | ||
| and | ||
| (2) serve a copy of the account and affidavit on the | ||
| commercial entity that owns the property or the entity's agent, | ||
| receiver, or trustee. | ||
| Sec. 64.005. DURATION OF LIEN. A lien created under this | ||
| chapter expires on the first anniversary of the date the lien is | ||
| secured, unless the security services contractor has sued to | ||
| foreclose the lien. | ||
| Sec. 64.006. RELEASE OF CLAIM OR LIEN. (a) When a debt for | ||
| security services is satisfied, the security services contractor | ||
| shall, not later than the 10th day after the date the security | ||
| services contractor receives a written request, provide to the | ||
| requesting person a release of the indebtedness and any lien | ||
| claimed, to the extent of the indebtedness paid. | ||
| (b) A release of lien must be in a form that permits the | ||
| instrument to be filed of record. | ||
| SECTION 2. The change in law made by Chapter 64, Property | ||
| Code, as added by this Act, applies only to a contract for security | ||
| services entered into or renewed on or after the effective date of | ||
| this Act. A contract entered into or renewed before the effective | ||
| date of this Act is governed by the law in effect when the contract | ||
| was entered into or renewed, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
