| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 81R6143 PMO-F | |
| 2 | 2 | By: Darby H.B. No. 3400 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to certain construction liens under the Texas Residential | |
| 8 | 8 | Construction Commission Act. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 420.002, Property Code, is amended to | |
| 11 | 11 | read as follows: | |
| 12 | 12 | Sec. 420.002. REQUIRED CONTRACT PROVISIONS. (a) In a | |
| 13 | 13 | contract for the construction of a new home or an improvement to an | |
| 14 | 14 | existing home required to be registered under Section 426.003, the | |
| 15 | 15 | contract is not enforceable against a homeowner unless the | |
| 16 | 16 | contract: | |
| 17 | 17 | (1) contains the builder's name and certificate of | |
| 18 | 18 | registration number; and | |
| 19 | 19 | (2) contains the notice required by Section 420.001. | |
| 20 | 20 | (b) Notwithstanding Subsection (a), a builder's failure to | |
| 21 | 21 | comply with this section does not invalidate a lien of an entity | |
| 22 | 22 | that provided third-party financing to a homeowner for the | |
| 23 | 23 | construction of a new home or an improvement to an existing home | |
| 24 | 24 | under a residential construction contract. | |
| 25 | 25 | SECTION 2. This Act takes effect immediately if it receives | |
| 26 | 26 | a vote of two-thirds of all the members elected to each house, as | |
| 27 | 27 | provided by Section 39, Article III, Texas Constitution. If this | |
| 28 | 28 | Act does not receive the vote necessary for immediate effect, this | |
| 29 | 29 | Act takes effect September 1, 2009. |