| 1 | 1 | | 86R4677 BEE-F |
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| 2 | 2 | | By: West S.B. No. 921 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to persons entitled to a mechanic's lien on real property. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 53.021(c), Property Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (c) An architect, engineer, interior designer registered |
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| 12 | 12 | | under Chapter 1053, Occupations Code, or surveyor who prepares a |
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| 13 | 13 | | plan, design, or plat under or by virtue of a written contract with |
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| 14 | 14 | | the owner or the owner's agent, trustee, or receiver in connection |
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| 15 | 15 | | with the actual or proposed design, construction, or repair of |
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| 16 | 16 | | improvements on real property or the location of the boundaries of |
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| 17 | 17 | | real property has a lien on the property. |
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| 18 | 18 | | SECTION 2. Section 53.023, Property Code, is amended to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | Sec. 53.023. PAYMENT SECURED BY LIEN. The lien secures |
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| 21 | 21 | | payment for: |
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| 22 | 22 | | (1) the labor done or material furnished for the |
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| 23 | 23 | | construction or repair; |
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| 24 | 24 | | (2) the specially fabricated material, even if the |
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| 25 | 25 | | material has not been delivered or incorporated into the |
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| 26 | 26 | | construction or repair, less its fair salvage value; or |
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| 27 | 27 | | (3) the preparation of a plan, design, or plat by an |
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| 28 | 28 | | architect, engineer, interior designer registered under Chapter |
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| 29 | 29 | | 1053, Occupations Code, or surveyor in accordance with Section |
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| 30 | 30 | | 53.021(c). |
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| 31 | 31 | | SECTION 3. Section 53.053(a), Property Code, is amended to |
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| 32 | 32 | | read as follows: |
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| 33 | 33 | | (a) For purposes of Section 53.052, indebtedness accrues on |
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| 34 | 34 | | a contract under which a plan, design, or plat is prepared, labor |
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| 35 | 35 | | was performed, materials were furnished, or specially fabricated |
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| 36 | 36 | | materials are to be furnished in accordance with this section. |
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| 37 | 37 | | SECTION 4. The changes in law made by this Act apply only to |
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| 38 | 38 | | a contract entered into on or after the effective date of this Act. |
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| 39 | 39 | | A contract entered into before the effective date of this Act is |
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| 40 | 40 | | governed by the law in effect immediately before the effective date |
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| 41 | 41 | | of this Act, and that law is continued in effect for that purpose. |
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| 42 | 42 | | SECTION 5. This Act takes effect September 1, 2019. |
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