Texas 2025 - 89th Regular

Texas Senate Bill SB841

Filed
1/17/25  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the beneficiaries of trust funds paid or received in connection with an improvement on specific real property.

Impact

If enacted, SB841 may significantly alter existing property regulations within Texas law by offering stronger protections to construction workers and suppliers regarding their rights to receive payment from trust funds. The explicit definition of beneficiaries and the stipulations regarding the assignment of interests aim to enhance transparency and accountability within the construction industry. By establishing clearer legal frameworks for trust fund assignments, the legislation seeks to reduce disputes and simplify the process for beneficiaries to claim their rightful earnings.

Summary

Senate Bill 841 aims to clarify the rights of beneficiaries in trust funds related to property improvements. The bill redefines who qualifies as a beneficiary of trust funds paid or received concerning construction or repair projects on specific real property. It specifies that artisans, laborers, mechanics, contractors, subcontractors, and materialmen who provide labor or materials are beneficiaries of these trust funds, expanding protections for those involved in property-related construction work. Notably, the bill emphasizes the need for formal written assignments concerning these funds, ensuring that assignments are only enforceable if certain conditions are met, thereby aiming to prevent fraudulent claims.

Sentiment

The sentiment surrounding SB841 appears generally positive among supporters who advocate for improved legal safeguards for workers in the construction industry. Proponents assert that the bill will foster a more equitable environment for beneficiaries who often struggle to secure payments for their labor and materials. However, there may be apprehensions from those within the construction industry regarding the administrative burdens that might accompany the formalization of assignments, as well as potential challenges in the implementation of the new provisions.

Contention

While SB841 is primarily aimed at protecting the rights of beneficiaries, concerns may arise regarding the bill's impact on how contracts are structured within the construction sector. Some industry stakeholders may argue that the additional requirements for enforcing assignments could complicate existing practices and lead to increased litigation if not implemented thoughtfully. The balance between protecting workers and maintaining efficient business operations will likely be a point of discussion as the bill progresses through the legislative process.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 162. Construction Payments, Loan Receipts, And Misapplication Of Trust Funds
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB2226

Identical Relating to the beneficiaries of trust funds paid or received in connection with an improvement on specific real property.

Similar Bills

No similar bills found.