Texas 2013 - 83rd Regular

Texas House Bill HB3553

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The implementation of HB 3553 is expected to strengthen the position of those providing labor and materials in construction projects, thereby enhancing their ability to secure due payments. This updated law aligns with the goals of providing greater clarity and protection in the lien process, particularly for subcontractors who often get caught in disputes over unpaid bills. It creates new standards for filing claims and ensures that all parties involved are well-informed of their rights and obligations. Furthermore, the law asserts that clearer procedures can mitigate conflicts and potential litigation arising from such financial disputes.

Summary

House Bill 3553 amends Chapter 53 of the Texas Property Code to provide more extensive protections and clearer procedures regarding mechanic's liens, which are legal claims against a property for unpaid labor or materials related to construction or improvements. The bill emphasizes legislative intent to assure payment to laborers, contractors, subcontractors, and service providers, advocating a broad interpretation in favor of these claimants within the legal framework. Key changes include revising the conditions under which a mechanic's lien can be established, modifying the definitions of completion, and clarifying the notice requirements for lien claims.

Sentiment

Overall, the sentiment surrounding HB 3553 leans toward being positive, particularly among supporters who value fair treatment for workers in the construction industry. Stakeholders have indicated appreciating the push for transparency and efficiency in the lien process. However, some contractors and property owners have expressed concerns regarding the increased regulatory burden and potential for more disputes, which could arise from the more stringent lien requirements. These viewpoints suggest a mixture of optimism for labor protection and hesitation concerning added complexities for property development.

Contention

Notable points of contention regarding HB 3553 revolve around the balance of power between contractors and property owners. On one side, advocates claim that these changes are necessary to secure worker rights and ensure fair payment practices. On the other side, some contractors warn that the bill could lead to increased litigation over claims and complicate relationships between contractors and clients. Additionally, there are concerns from owners about the implications this bill may have on property sales and financing, as the heightened scrutiny on lien claims might inadvertently discourage potential investments in property improvement projects.

Companion Bills

TX SB1281

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

Similar Bills

TX SB1281

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

TX HB2237

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

TX HB3498

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

TX HB3065

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

TX SB1506

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

TX HB589

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

TX HB1456

Relating to the waiver and release of a mechanic's, contractor's, or materialman's lien or payment bond claim and to the creation of a mechanic's, contractor's, or materialman's lien for certain landscaping.

TX SB1332

Relating to the waiver and release of a mechanic's, contractor's, or materialman's lien or payment bond claim.