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.