By Greenberg H.B. No. 593
Substitute the following for H.B. No. 593:
By Eiland C.S.H.B. No. 593
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 materialman'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 53.054 and adding Sections 53.0511 and
1-7 53.060 to read as follows:
1-8 Sec. 53.0511. NOTICE. (a) Except as provided by Subsection
1-9 (c), the person claiming the lien must provide to the owner or
1-10 reputed owner of the property by certified mail, return receipt
1-11 requested, before the claimant files an affidavit under Section
1-12 53.052:
1-13 (1) a written notice stating that the person intends
1-14 to file a lien affidavit; or
1-15 (2) a copy of the lien affidavit the person intends to
1-16 file.
1-17 (b) Service of notice under this section is complete when
1-18 the notice is deposited in the United States mail, postage prepaid
1-19 and addressed to the owner or reputed owner at the owner's last
1-20 known address as shown by records of the claimant.
1-21 (c) This section does not apply to a person required to give
1-22 notice to an owner or reputed owner under Section 53.056, 53.057,
1-23 or 53.058.
1-24 Sec. 53.054. Contents of Affidavit. (a) The affidavit must
2-1 be signed by the person claiming the lien or by another person on
2-2 the claimant's behalf and must contain substantially:
2-3 (1) a sworn statement of the claim, including the
2-4 amount;
2-5 (2) the name of the owner or reputed owner;
2-6 (3) a general statement of the kind of work done and
2-7 materials furnished by the claimant;
2-8 (4) the name of the person by whom the claimant was
2-9 employed or to whom the claimant furnished the materials or labor;
2-10 (5) the name of the original contractor;
2-11 (6) a description, legally sufficient for
2-12 identification, of the property sought to be charged with the lien;
2-13 <and>
2-14 (7) the claimant's business address; and
2-15 (8) a description of the business relationship between
2-16 the claimant and the owner or reputed owner.
2-17 (b) The claimant may attach to the affidavit a copy of any
2-18 applicable written agreement or contract.
2-19 (c) The claimant must attach to the affidavit a copy of the
2-20 notice and return receipt required by Section 53.0511, 53.056,
2-21 53.057, or 53.058 or, if the return receipt has not been received,
2-22 a copy of the receipt for certified mail issued by the post office.
2-23 (d) <(c)> The affidavit is not required to set forth
2-24 individual items of work done or material furnished or specially
2-25 fabricated. The affidavit may use any abbreviations or symbols
2-26 customary in the trade.
2-27 Sec. 53.060. PENALTY. (a) A person commits an offense if
3-1 the person knowingly makes a false statement on an affidavit filed
3-2 under this subchapter.
3-3 (b) An offense under this section is a Class C misdemeanor.
3-4 (c) If conduct proscribed by this section constitutes an
3-5 offense under another law of this state, the state may elect the
3-6 offense for which it will prosecute the person.
3-7 SECTION 2. The changes in law made by this Act apply only to
3-8 a lien affidavit filed on or after the 30th day after the effective
3-9 date of this Act. A lien affidavit filed before the 30th day after
3-10 the effective date of this Act is covered by the law as it existed
3-11 immediately prior to the effective date of this Act, and the former
3-12 law is continued in effect for that purpose.
3-13 SECTION 3. This Act takes effect September 1, 1995.
3-14 SECTION 4. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.