Bill Text: TX SB841 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the beneficiaries of trust funds paid or received in connection with an improvement on specific real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-17 - Filed [SB841 Detail]
Download: Texas-2025-SB841-Introduced.html
89R2055 CS-F | ||
By: Hughes | S.B. No. 841 |
|
||
|
||
relating to the beneficiaries of trust funds paid or received in | ||
connection with an improvement on specific real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 162.003(a), Property Code, is amended to | ||
read as follows: | ||
(a) A person who is an [ |
||
contractor, subcontractor, or materialman who labors or who | ||
furnishes labor or material for the construction or repair of an | ||
improvement on specific real property in this state, or the | ||
assignee of that person, is a beneficiary of any trust funds paid or | ||
received in connection with the improvement. | ||
SECTION 2. Subchapter A, Chapter 162, Property Code, is | ||
amended by adding Section 162.0031 to read as follows: | ||
Sec. 162.0031. BENEFICIARY'S ASSIGNMENT OF INTEREST IN | ||
UNPAID TRUST FUNDS. An assignment by a beneficiary of the | ||
beneficiary's interest in unpaid trust funds under this chapter may | ||
not be enforced unless: | ||
(1) the assignment is: | ||
(A) made in writing not earlier than the date the | ||
assignee has paid the beneficiary in good and sufficient funds for | ||
the assignment; and | ||
(B) not made as part of the beneficiary's | ||
construction contract; and | ||
(2) the assignee is a beneficiary, trustee, or | ||
property owner under the contract for the construction or repair of | ||
an improvement on real property in connection with which the | ||
payment of trust funds is made. | ||
SECTION 3. This Act takes effect September 1, 2025. |