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