| |
| |
|
|
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. |