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House Bill 1456 |
House Author: Orr |
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Effective: 1-1-12 |
Senate Sponsor: Deuell |
House Bill 1456 amends the Property Code to include a contractor or subcontractor of a property owner or property owner's agent among the parties entitled to a mechanic's, contractor's, or materialman's lien on the property based on the contractor or subcontractor providing labor and supplies for the installation of landscaping for a house, building, or improvement under a written contract with the owner or owner's agent. The bill specifies the conditions under which the waiver and release of such a lien or of a payment bond claim is enforceable and provides the required language for and purposes of the different types of waiver and release documents. It makes void as against public policy any contract, agreement, or understanding purporting to waive the right to file or enforce any such lien or claim. The bill establishes the conditions under which a waiver or release is construed to comply with its provisions and exempts certain written agreements from those provisions.