By Goolsby H.B. No. 360
74R2260 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain procedures for perfecting a mechanic's,
1-3 contractor's, or materialmen's lien; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 53, Property Code, is
1-6 amended by amending Section 53.052 and adding Sections 53.0551,
1-7 53.0552, and 53.060 to read as follows:
1-8 Sec. 53.052. Filing of Affidavit. (a) The person claiming
1-9 the lien must file an affidavit with the county clerk of the county
1-10 in which the property is located or into which the railroad extends
1-11 not later than the 15th day of the fourth calendar month after the
1-12 day on which the indebtedness accrues.
1-13 (b) The county clerk shall:
1-14 (1) in addition to any other applicable fee, collect
1-15 from the claimant:
1-16 (A) a $35 fee for service of notice required by
1-17 Section 53.0551; and
1-18 (B) a $25 fee for notifying the county
1-19 assessor-collector as required by Section 53.0552;
1-20 (2) record the affidavit in records kept for that
1-21 purpose; and
1-22 (3) <shall> index and cross-index the affidavit in the
1-23 names of the claimant, the original contractor, and the owner.
1-24 (c) Failure of the county clerk to properly record or index
2-1 a filed affidavit does not invalidate the lien.
2-2 Sec. 53.0551. SERVICE OF NOTICE. (a) Immediately after
2-3 filing the affidavit, the person claiming the lien must serve the
2-4 owner or reputed owner with a notice of the filing of the
2-5 affidavit.
2-6 (b) The claimant must request the county clerk to, and the
2-7 county clerk on request shall, issue a notice, including a return
2-8 of notice, and deliver the notice as directed by the claimant. The
2-9 claimant is responsible for serving the notice.
2-10 (c) The notice may be served by:
2-11 (1) a sheriff or constable; or
2-12 (2) any person, excluding a person with an interest in
2-13 the claim, who is authorized by law or by written order of a court
2-14 and who is at least 18 years of age.
2-15 (d) The notice endorsed with the date of service must be
2-16 served on the owner or reputed owner in person.
2-17 (e) The return of notice must:
2-18 (1) state when the notice was served and the manner of
2-19 service;
2-20 (2) be signed by the person authorized to serve the
2-21 notice; and
2-22 (3) be verified.
2-23 (f) If the person authorized to serve the notice is unable
2-24 to serve the notice:
2-25 (1) the person must state on the return of notice the
2-26 diligence used to serve the notice;
2-27 (2) the claimant must request and the county clerk
3-1 shall issue a notice for service by publication; and
3-2 (3) the claimant must publish the notice at least once
3-3 in a newspaper of general circulation published in the county in
3-4 which the property subject to the lien is located.
3-5 Sec. 53.0552. NOTICE TO COUNTY ASSESSOR-COLLECTOR. The
3-6 county clerk shall notify the county assessor-collector of:
3-7 (1) the filing of a lien affidavit not later than the
3-8 10th day after the date the lien affidavit is filed; and
3-9 (2) the release, discharge, or other extinguishment of
3-10 a lien perfected under this chapter not later than the 10th day
3-11 after the date the county clerk receives documentation that the
3-12 lien is released, discharged, or otherwise extinguished.
3-13 Sec. 53.060. PENALTY. (a) A person commits an offense if
3-14 the person knowingly makes a false statement on an affidavit filed
3-15 under this subchapter.
3-16 (b) An offense under this section is a misdemeanor
3-17 punishable by a fine of not less than $500 or more than $1,000.
3-18 SECTION 2. Section 31.01(c), Tax Code, is amended to read as
3-19 follows:
3-20 (c) The tax bill or a separate statement accompanying the
3-21 tax bill shall:
3-22 (1) identify the property subject to the tax;
3-23 (2) state the appraised value, assessed value, and
3-24 taxable value of the property;
3-25 (3) if the property is land appraised as provided by
3-26 Subchapter C, D, or E, Chapter 23 of this code, state the market
3-27 value and the taxable value for purposes of deferred or additional
4-1 taxation as provided by Section 23.46, 23.55, or 23.76, as
4-2 applicable, of this code;
4-3 (4) state the assessment ratio for the unit;
4-4 (5) state the type and amount of any partial exemption
4-5 applicable to the property, indicating whether it applies to
4-6 appraised or assessed value;
4-7 (6) state the total tax rate for the unit;
4-8 (7) state the amount of tax due, the due date, and the
4-9 delinquency date;
4-10 (8) explain the payment option and discounts provided
4-11 by Sections 31.03 and 31.05 of this code, if available to the
4-12 unit's taxpayers, and state the date on which each of the discount
4-13 periods provided by Section 31.05 concludes, if the discounts are
4-14 available;
4-15 (9) state the rates of penalty and interest imposed
4-16 for delinquent payment of the tax; <and>
4-17 (10) identify a lien attached to the property under
4-18 Subchapter C, Chapter 53, Property Code, based on the notification
4-19 received from the county clerk under Section 53.0552, Property
4-20 Code; and
4-21 (11) include any other information required by the
4-22 comptroller.
4-23 SECTION 3. The changes in law made by this Act apply only to
4-24 a lien affidavit filed on or after the effective date of this Act.
4-25 A lien affidavit filed before the effective date of this Act is
4-26 covered by the law in effect when the affidavit was filed, and the
4-27 former law is continued in effect for this purpose.
5-1 SECTION 4. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.