83R4816 PMO-F
By: Carter H.B. No. 991
A BILL TO BE ENTITLED
AN ACT
relating to imposing liens for labor and materials provided by
interior designers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 70, Property Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. INTERIOR DESIGNER'S LIEN
Sec. 70.601. DEFINITIONS. In this subchapter:
(1) "Interior design contract" means a written
contract entered into with an interior design contractor.
(2) "Interior design contractor" means a person who
enters into an interior design contract to provide labor or
materials as an interior designer who holds a certificate of
registration under Chapter 1053, Occupations Code.
(3) "Interior environment" means the interior
environment or space identified in an interior design contract.
Sec. 70.602. APPLICABILITY. This subchapter applies only
to commercial real or personal property.
Sec. 70.603. INTERIOR DESIGNER'S LIEN. An interior design
contractor who provides labor or materials under an interior design
contract has a lien for the amount owed under the contract.
Sec. 70.604. PROPERTY TO WHICH LIEN ATTACHES. A lien under
Section 70.603 attaches to:
(1) commercial personal property provided under the
interior design contract; and
(2) all nonexempt commercial real property:
(A) that is owned by a person who contracts with
an interior design contractor; and
(B) on which the interior environment is located.
Sec. 70.605. PERFECTING LIEN. An interior design
contractor claiming a lien under this subchapter may perfect a lien
by filing a lien affidavit with the county clerk of the county in
which the real property on which the interior environment is
located.
Sec. 70.606. CONTENTS OF AFFIDAVIT. (a) The affidavit
described by Section 70.605 must be a sworn statement signed by the
person claiming the lien or by another person on the claimant's
behalf and must contain:
(1) the amount of the claim;
(2) the name and last known address of the owner or
reputed owner of the property on which the interior environment is
located;
(3) a general statement of the kind of labor performed
and materials provided by the claimant;
(4) a description, legally sufficient for
identification, of the property sought to be charged with the lien;
and
(5) the claimant's name, mailing address, and, if
different, physical address.
(b) The affidavit is not required to include a listing of
individual items of labor or material provided under the interior
design contract.
Sec. 70.607. EXPIRATION AND DISCHARGE OF LIEN. A lien under
this subchapter does not expire and is discharged only when the
claimant receives full payment of the amount owed to the claimant
under the interior design contract.
Sec. 70.608. APPLICABILITY OF OTHER LAW. Chapter 9,
Business & Commerce Code, including applicable filing and
perfection requirements, applies to a lien on commercial personal
property under this subchapter.
SECTION 2. The changes in law made by this Act apply only to
an interior design contract, as described by Subchapter G, Chapter
70, Property Code, as added by this Act, entered into on or after
the effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.