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