86R4677 BEE-F
By: Darby H.B. No. 2346
A BILL TO BE ENTITLED
AN ACT
relating to persons entitled to a mechanic's lien on real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.021(c), Property Code, is amended to
read as follows:
(c) An architect, engineer, interior designer registered
under Chapter 1053, Occupations Code, or surveyor who prepares a
plan, design, or plat under or by virtue of a written contract with
the owner or the owner's agent, trustee, or receiver in connection
with the actual or proposed design, construction, or repair of
improvements on real property or the location of the boundaries of
real property has a lien on the property.
SECTION 2. Section 53.023, Property Code, is amended to
read as follows:
Sec. 53.023. PAYMENT SECURED BY LIEN. The lien secures
payment for:
(1) the labor done or material furnished for the
construction or repair;
(2) the specially fabricated material, even if the
material has not been delivered or incorporated into the
construction or repair, less its fair salvage value; or
(3) the preparation of a plan, design, or plat by an
architect, engineer, interior designer registered under Chapter
1053, Occupations Code, or surveyor in accordance with Section
53.021(c).
SECTION 3. Section 53.053(a), Property Code, is amended to
read as follows:
(a) For purposes of Section 53.052, indebtedness accrues on
a contract under which a plan, design, or plat is prepared, labor
was performed, materials were furnished, or specially fabricated
materials are to be furnished in accordance with this section.
SECTION 4. The changes in law made by this Act apply only to
a contract 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 5. This Act takes effect September 1, 2019.