Bill Text: TX HB991 | 2013-2014 | 83rd Legislature | Introduced

Texas House Bill 991 (Prior Session Legislation)

Introduced

Bill Title: Relating to imposing liens for labor and materials provided by interior designers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-19 - Left pending in committee [HB991 Detail]

Download: Texas-2013-HB991-Introduced.html

	83R4816 PMO-F

	By: Carter	H.B. No. 991



	A BILL TO BE ENTITLED
	AN ACT
	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. APPLICABILITY. This subchapter applies only
	to commercial real or personal property.
	Sec. 70.603. 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. 70.604. PROPERTY TO WHICH LIEN ATTACHES. A lien under
	Section 70.603 attaches to:
	(1) commercial personal property provided under the
	interior design contract; and
	(2) all nonexempt commercial 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. 70.605. 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. 70.606. CONTENTS OF AFFIDAVIT. (a) The affidavit
	described by Section 70.605 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 performed
	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 include a listing of
	individual items of labor or material provided under the interior
	design contract.
	Sec. 70.607. 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. 70.608. APPLICABILITY OF OTHER LAW. Chapter 9,
	Business & Commerce Code, including applicable filing and
	perfection requirements, applies to a lien on commercial personal
	property under this subchapter.
	SECTION 2. The changes in 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, 2013.