| 1 | 1 | | By: Johnson S.B. No. 2113 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to deadlines and time of inception for mechanic's and |
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| 7 | 7 | | materialman's liens. |
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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 53.003(e), Property Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (e) In determining the deadline or computing the period of |
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| 12 | 12 | | days in which to provide a notice or to take any action required |
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| 13 | 13 | | under this chapter, if the deadline or the last day of the period is |
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| 14 | 14 | | a Saturday, Sunday, or legal holiday, the period is extended to |
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| 15 | 15 | | include the next day that is not a Saturday, Sunday, or legal |
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| 16 | 16 | | holiday. |
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| 17 | 17 | | SECTION 2. Section 53.124(e), Property Code, is amended to |
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| 18 | 18 | | read as follows: |
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| 19 | 19 | | (e) The time of inception of a lien that is created under |
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| 20 | 20 | | Section 53.021(3), [(c)] (4) [(d)], or (5) [(e)] is the date of |
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| 21 | 21 | | recording of an affidavit of lien under Section 53.052. The |
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| 22 | 22 | | priority of a lien claimed by a person entitled to a lien under |
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| 23 | 23 | | Section 53.021(3), [(c)] (4) [(d)], or (5) [(e)] with respect to |
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| 24 | 24 | | other mechanic's liens is determined by the date of recording. A |
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| 25 | 25 | | lien created under Section 53.021(3), [(c)] (4) [(d)], or (5) [(e)] |
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| 26 | 26 | | is not valid or enforceable against a grantee or purchaser who |
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| 27 | 27 | | acquires an interest in the real property before the time of |
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| 28 | 28 | | inception of the lien. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2023. |
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