By Greenberg H.B. No. 593
74R3669 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 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) The person claiming the lien
1-9 must provide by certified mail, return receipt requested, a written
1-10 notice to the owner or reputed owner of the property not later than
1-11 the 20th day before the date the claimant files an affidavit under
1-12 Section 53.052.
1-13 (b) Service of notice under this section is complete when
1-14 the notice is deposited in the United States mail, postage prepaid
1-15 and addressed to the owner or reputed owner at the owner's last
1-16 known address as shown by records of the claimant.
1-17 Sec. 53.054. Contents of Affidavit. (a) The affidavit must
1-18 be signed by the person claiming the lien or by another person on
1-19 the claimant's behalf and must contain substantially:
1-20 (1) a sworn statement of the claim, including the
1-21 amount;
1-22 (2) the name of the owner or reputed owner;
1-23 (3) a general statement of the kind of work done and
1-24 materials furnished by the claimant;
2-1 (4) the name of the person by whom the claimant was
2-2 employed or to whom the claimant furnished the materials or labor;
2-3 (5) the name of the original contractor;
2-4 (6) a description, legally sufficient for
2-5 identification, of the property sought to be charged with the lien;
2-6 <and>
2-7 (7) the claimant's business address; and
2-8 (8) a description of the business relationship between
2-9 the claimant and the owner or reputed owner.
2-10 (b) The claimant must <may> attach to the affidavit:
2-11 (1) a copy of any applicable written agreement or
2-12 contract;
2-13 (2) a copy of the notice and return receipt required
2-14 by Section 53.0511; and
2-15 (3) a copy of a personal identification document,
2-16 including a driver's license or state issued identification
2-17 certificate, identifying a claimant who is an individual or a
2-18 business identification document, including an assumed name
2-19 certificate, articles of incorporation, association, or
2-20 organization, or a certificate of limited partnership, identifying
2-21 a claimant that is a business entity.
2-22 (c) The affidavit is not required to set forth individual
2-23 items of work done or material furnished or specially fabricated.
2-24 The affidavit may use any abbreviations or symbols customary in the
2-25 trade.
2-26 Sec. 53.060. PENALTY. (a) A person commits an offense if
2-27 the person knowingly makes a false statement on an affidavit filed
3-1 under this subchapter.
3-2 (b) An offense under this section is a Class C misdemeanor.
3-3 SECTION 2. The changes in law made by this Act apply only to
3-4 a lien affidavit filed on or after the 30th day after the effective
3-5 date of this Act. A lien affidavit filed before the 30th day after
3-6 the effective date of this Act is covered by the law as it existed
3-7 immediately prior to the effective date of this Act, and the former
3-8 law is continued in effect for that purpose.
3-9 SECTION 3. This Act takes effect September 1, 1995.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.