89R908 PRL-D
By: Cortez H.B. No. 533
A BILL TO BE ENTITLED
AN ACT
relating to imposing liens for labor and supplies provided by
cleaners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 53.001(2) and (4), Property Code, are
amended to read as follows:
(2) "Improvement" includes:
(A) a house, building, structure, parking
structure, physical appurtenance, pool, utility, railroad, well,
storage facility, abutting sidewalks and streets, utilities in or
on those sidewalks and streets, land reclaimed from overflow, and
other fixtures or modifications to real property;
(B) clearing, grubbing, draining, or fencing of
land;
(C) machinery or apparatuses used for raising
water or for supplying or storing water for stock, domestic use, or
irrigation;
(D) work described by Section 53.021(4) or (6);
and
(E) a design, drawing, plan, plat, survey, or
specification provided by a licensed architect, engineer, or
surveyor.
(4) "Material" means all or part of:
(A) the material, machinery, fixtures, or tools:
(i) incorporated into the work;
(ii) used in the direct performance of the
work;
(iii) specially fabricated for an
improvement; or
(iv) ordered and delivered for
incorporation or use;
(B) rent at a reasonable rate and actual running
repairs at a reasonable cost for construction equipment used or
reasonably required and delivered for use in the direct performance
of the work at the site of the construction or repair; or
(C) power, water, fuel, [and] lubricants, and
cleaning supplies consumed or ordered and delivered for consumption
in the direct performance of the work.
SECTION 2. Section 53.021, Property Code, is amended to
read as follows:
Sec. 53.021. PERSONS ENTITLED TO LIEN. A person has a lien
if the person, under a contract with the owner or the owner's agent,
trustee, receiver, contractor, or subcontractor:
(1) labors or furnishes labor or materials for
construction or repair of an improvement;
(2) specially fabricates material, even if the
material is not delivered;
(3) is a licensed architect, engineer, or surveyor
providing services to prepare a design, drawing, plan, plat,
survey, or specification;
(4) provides labor, plant material, or other supplies
for the installation of landscaping for an improvement, including
the construction of a retention pond, retaining wall, berm,
irrigation system, fountain, or other similar installation; [or]
(5) performs labor as part of, or furnishes labor or
materials for, the demolition of an improvement on real property;
or
(6) provides labor or other supplies for the interior
cleaning of a home or office.
SECTION 3. 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, repair, design, survey, [or] demolition, or
cleaning; or
(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.
SECTION 4. 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), (4), (5), or (6) [53.021(c), (d), or (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), (4), (5), or (6) [53.021(c), (d), or (e)] with
respect to other mechanic's liens is determined by the date of
recording. A lien created under Section 53.021(3), (4), (5), or (6)
[53.021(c), (d), or (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 5. The changes in law made by this Act apply only to
an original contract entered into on or after the effective date of
this Act. An original contract entered into before the effective
date of this Act is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2025.