| 1 | 1 | | 81R3582 UM-D |
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| 2 | 2 | | By: Lucio III H.B. No. 1846 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a person who is entitled to claim a lien on certain |
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| 8 | 8 | | assets. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle B, Title 5, Property Code, is amended by |
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| 11 | 11 | | adding Chapter 64 to read as follows: |
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| 12 | 12 | | CHAPTER 64. SECURITY SERVICES CONTRACTOR'S LIEN |
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| 13 | 13 | | Sec. 64.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Security services" means the activities listed in |
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| 15 | 15 | | Section 1702.102(a), Occupations Code. |
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| 16 | 16 | | (2) "Security services contractor" has the meaning |
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| 17 | 17 | | assigned by Section 1702.002, Occupations Code. |
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| 18 | 18 | | Sec. 64.002. LIEN. A security services contractor who |
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| 19 | 19 | | provides security services for a commercial entity under a contract |
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| 20 | 20 | | with the commercial entity has a lien under this chapter for the |
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| 21 | 21 | | amount owed under the contract. |
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| 22 | 22 | | Sec. 64.003. PROPERTY SUBJECT TO LIEN. The lien attaches to |
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| 23 | 23 | | the premises for which the security services contractor provided |
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| 24 | 24 | | security services under the contract, if owned by the commercial |
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| 25 | 25 | | entity that entered into the contract, and to the personal property |
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| 26 | 26 | | owned by the commercial entity and located on that premises. |
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| 27 | 27 | | Sec. 64.004. SECURING LIEN. Not later than the 30th day |
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| 28 | 28 | | after the date the indebtedness accrues, a security services |
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| 29 | 29 | | contractor who has not been paid for security services provided and |
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| 30 | 30 | | who wishes to claim the lien must: |
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| 31 | 31 | | (1) file with the county clerk of the county in which |
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| 32 | 32 | | the property is located a copy of an account of the services with an |
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| 33 | 33 | | affidavit verifying the account by the party making the account; |
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| 34 | 34 | | and |
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| 35 | 35 | | (2) serve a copy of the account and affidavit on the |
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| 36 | 36 | | commercial entity that owns the property or the entity's agent, |
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| 37 | 37 | | receiver, or trustee. |
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| 38 | 38 | | Sec. 64.005. DURATION OF LIEN. A lien created under this |
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| 39 | 39 | | chapter expires on the first anniversary of the date it is secured, |
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| 40 | 40 | | unless the security services contractor has sued to foreclose the |
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| 41 | 41 | | lien. |
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| 42 | 42 | | Sec. 64.006. RELEASE OF CLAIM OR LIEN. (a) When a debt for |
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| 43 | 43 | | security services is satisfied, the security services contractor |
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| 44 | 44 | | shall, not later than the 10th day after the date the security |
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| 45 | 45 | | services contractor receives a written request, furnish to the |
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| 46 | 46 | | requesting person a release of the indebtedness and any lien |
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| 47 | 47 | | claimed, to the extent of the indebtedness paid. |
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| 48 | 48 | | (b) A release of lien must be in a form that permits the |
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| 49 | 49 | | instrument to be filed of record. |
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| 50 | 50 | | SECTION 2. The change in law made by Chapter 64, Property |
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| 51 | 51 | | Code, as added by this Act, applies only to a contract for security |
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| 52 | 52 | | services entered into or renewed on or after the effective date of |
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| 53 | 53 | | this Act. A contract entered into or renewed before the effective |
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| 54 | 54 | | date of this Act is governed by the law in effect when the contract |
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| 55 | 55 | | was entered into or renewed, and the former law is continued in |
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| 56 | 56 | | effect for that purpose. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2009. |
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