Texas 2025 - 89th Regular

Texas House Bill HB533 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R908 PRL-D
2	2	By: Cortez H.B. No. 533
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to imposing liens for labor and supplies provided by
10	10	cleaners.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 53.001(2) and (4), Property Code, are
13	13	amended to read as follows:
14	14	(2) "Improvement" includes:
15	15	(A) a house, building, structure, parking
16	16	structure, physical appurtenance, pool, utility, railroad, well,
17	17	storage facility, abutting sidewalks and streets, utilities in or
18	18	on those sidewalks and streets, land reclaimed from overflow, and
19	19	other fixtures or modifications to real property;
20	20	(B) clearing, grubbing, draining, or fencing of
21	21	land;
22	22	(C) machinery or apparatuses used for raising
23	23	water or for supplying or storing water for stock, domestic use, or
24	24	irrigation;
25	25	(D) work described by Section 53.021(4) or (6);
26	26	and
27	27	(E) a design, drawing, plan, plat, survey, or
28	28	specification provided by a licensed architect, engineer, or
29	29	surveyor.
30	30	(4) "Material" means all or part of:
31	31	(A) the material, machinery, fixtures, or tools:
32	32	(i) incorporated into the work;
33	33	(ii) used in the direct performance of the
34	34	work;
35	35	(iii) specially fabricated for an
36	36	improvement; or
37	37	(iv) ordered and delivered for
38	38	incorporation or use;
39	39	(B) rent at a reasonable rate and actual running
40	40	repairs at a reasonable cost for construction equipment used or
41	41	reasonably required and delivered for use in the direct performance
42	42	of the work at the site of the construction or repair; or
43	43	(C) power, water, fuel, [and] lubricants, and
44	44	cleaning supplies consumed or ordered and delivered for consumption
45	45	in the direct performance of the work.
46	46	SECTION 2. Section 53.021, Property Code, is amended to
47	47	read as follows:
48	48	Sec. 53.021. PERSONS ENTITLED TO LIEN. A person has a lien
49	49	if the person, under a contract with the owner or the owner's agent,
50	50	trustee, receiver, contractor, or subcontractor:
51	51	(1) labors or furnishes labor or materials for
52	52	construction or repair of an improvement;
53	53	(2) specially fabricates material, even if the
54	54	material is not delivered;
55	55	(3) is a licensed architect, engineer, or surveyor
56	56	providing services to prepare a design, drawing, plan, plat,
57	57	survey, or specification;
58	58	(4) provides labor, plant material, or other supplies
59	59	for the installation of landscaping for an improvement, including
60	60	the construction of a retention pond, retaining wall, berm,
61	61	irrigation system, fountain, or other similar installation; [or]
62	62	(5) performs labor as part of, or furnishes labor or
63	63	materials for, the demolition of an improvement on real property;
64	64	or
65	65	(6) provides labor or other supplies for the interior
66	66	cleaning of a home or office.
67	67	SECTION 3. Section 53.023, Property Code, is amended to
68	68	read as follows:
69	69	Sec. 53.023. PAYMENT SECURED BY LIEN. The lien secures
70	70	payment for:
71	71	(1) the labor done or material furnished for the
72	72	construction, repair, design, survey, [or] demolition, or
73	73	cleaning; or
74	74	(2) the specially fabricated material, even if the
75	75	material has not been delivered or incorporated into the
76	76	construction or repair, less its fair salvage value.
77	77	SECTION 4. Section 53.124(e), Property Code, is amended to
78	78	read as follows:
79	79	(e) The time of inception of a lien that is created under
80	80	Section 53.021(3), (4), (5), or (6) [53.021(c), (d), or (e)] is the
81	81	date of recording of an affidavit of lien under Section 53.052. The
82	82	priority of a lien claimed by a person entitled to a lien under
83	83	Section 53.021(3), (4), (5), or (6) [53.021(c), (d), or (e)] with
84	84	respect to other mechanic's liens is determined by the date of
85	85	recording. A lien created under Section 53.021(3), (4), (5), or (6)
86	86	[53.021(c), (d), or (e)] is not valid or enforceable against a
87	87	grantee or purchaser who acquires an interest in the real property
88	88	before the time of inception of the lien.
89	89	SECTION 5. The changes in law made by this Act apply only to
90	90	an original contract entered into on or after the effective date of
91	91	this Act. An original contract entered into before the effective
92	92	date of this Act is governed by the law as it existed immediately
93	93	before the effective date of this Act, and that law is continued in
94	94	effect for that purpose.
95	95	SECTION 6. This Act takes effect September 1, 2025.