Texas 2021 - 87th Regular

Texas House Bill HB2237

Caption

Relating to mechanic's, contractor's, or materialman's liens.

Impact

The bill modifies sections of the Property Code to adjust who is entitled to file a lien, the processes for notifying parties involved, and the requirements for perfecting a lien claim. One significant change is the requirement for property owners to reserve a certain percentage of contract value as 'retainage' for a specified period after work completion to secure claims. These amendments aim to protect subcontractors and suppliers by ensuring they have better assurance of payment when working on larger projects where superior contracts may prevail.

Summary

House Bill 2237 aims to amend various provisions relating to mechanic's liens, which are legal claims against a property for unpaid work or materials supplied during construction. This bill refines the definitions and processes concerning such liens to provide greater clarity on the rights and obligations of those involved in construction projects, including property owners, contractors, and subcontractors. The reform is intended to make the lien process more straightforward and efficient, thereby enhancing the protection of claims by those who contribute labor or materials to construction projects.

Sentiment

Discussions around HB 2237 demonstrated a supportive sentiment among many stakeholders in the construction industry. Contractors and labor advocates generally viewed the proposed changes as improvements that would streamline the claims process. However, some property owners expressed concerns about potential unintended consequences, particularly regarding cash flow management for ongoing projects. Overall, the sentiment seemed to lean towards approval, with an understanding that the changes were necessary for better accountability in the industry.

Contention

Despite the generally positive outlook on the bill, there were points of contention primarily related to the specific details of the notified requirements and lien claim procedures. Critics worried that increased burdens on property owners might complicate project financing or lead to disputes over the interpretation of retainage obligations. The debate highlighted a contention between ensuring the rights of laborers and suppliers and maintaining the financial flexibility of property owners and contractors.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1768

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB3422

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB2022

Relating to residential construction liability.

TX SB873

Relating to residential construction liability.

TX SB1672

Relating to the regulation of elevator mechanics, elevator apprentices, and contractors; requiring an occupational registration.

TX HB3081

Relating to the deregulation of certain activities and occupations.

TX HB4301

Relating to certain deadlines and other timing factors affecting mechanic's, contractor's, or materialman's liens.

TX HB3890

Relating to the regulation and voluntary licensing of reroofing contractors by the Texas Department of Licensing and Regulation; providing administrative and civil penalties; authorizing fees.

TX HB2265

Relating to the award of compensatory damages caused by certain delays under governmental construction contracts.

TX HB2657

Relating to voidable provisions contained in certain construction contracts.

Similar Bills

TX HB3498

Relating to mechanic's, contractor's, or materialman's liens.

TX HB589

Relating to mechanic's, contractor's, or materialman's liens; authorizing a fee; changing the eligibility for community supervision.

TX HB3065

Relating to mechanic's, contractor's, or materialman's liens; authorizing a fee; changing the eligibility for community supervision.

TX HB3553

Relating to mechanic's, contractor's, or materialman's liens.

TX SB1281

Relating to mechanic's, contractor's, or materialman's liens.

TX SB1506

Relating to mechanic's, contractor's, or materialman's liens; authorizing a fee; changing the eligibility for community supervision.

TX HB1390

Relating to retainage under certain construction contracts.

TX SB590

Relating to retainage under certain construction contracts.