BILL ANALYSIS



S.B. 488
By: Wentworth (Bosse)
4-18-95
Committee Report (Unamended)


BACKGROUND

     Section 53.021, Texas Property Code, establishes a statutory
lien against real property for surveying services under certain
circumstances.  However, the statute does not specify that this
statutory lien is in addition to any contractual lien that may
exist as agreed upon by the surveyor and the property owner.

PURPOSE

     As proposed, S.B. 488 provides that a surveyor can secure
payment for surveying services by means of a contractual lien on
real property.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1.  Amends Section 53.021, Property Code, by adding
Subsection (e), to provide that a lien created by Subsection (c)
does not prevent a surveyor or engineer from acquiring, recording,
and enforcing, as provided by applicable law, a contractual lien on
real property to secure payment for surveying services or
engineering relating to the real property.

     SECTION 2.  Effective date of the Act is September 1, 1995.

     SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

The Committee on Business and Industry considered S.B. 488 in a
public hearing on April 18, 1995.  No public testimony was heard on
S.B. 488.  S.B. 488 was reported favorably with the recommendation
that it be passed and printed by a record vote of 7 (seven) ayes,
0 (zero) nays, 0 (zero) present-not-voting, 2 (two) absent.