By: Schofield H.B. No. 4308
A BILL TO BE ENTITLED
AN ACT
relating to deadlines and time of inception for mechanic's and
materialman's liens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.003(e), Property Code, is amended to
read as follows:
(e) In determining the deadline or computing the period of
days in which to provide a notice or to take any action required
under this chapter, if the deadline or the last day of the period is
a Saturday, Sunday, or legal holiday, the period is extended to
include the next day that is not a Saturday, Sunday, or legal
holiday.
SECTION 2. Section 53.124(e), Property Code, is amended to
read as follows:
(e) The time of inception of a lien that is created under
Section 53.021(3), [(c)] (4) [(d)], or (5) [(e)] is the date of
recording of an affidavit of lien under Section 53.052. The
priority of a lien claimed by a person entitled to a lien under
Section 53.021(3), [(c)] (4) [(d)], or (5) [(e)] with respect to
other mechanic's liens is determined by the date of recording. A
lien created under Section 53.021(3), [(c)] (4) [(d)], or (5) [(e)]
is not valid or enforceable against a grantee or purchaser who
acquires an interest in the real property before the time of
inception of the lien.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.