By Bosse                                              H.B. No. 1154
       74R3942 MJW-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to liens of architects, engineers, and surveyors.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 53.021(c), Property Code, is amended to
    1-5  read as follows:
    1-6        (c)  An architect, engineer, or surveyor who prepares a plan
    1-7  or plat in connection with the proposed construction or repair of
    1-8  improvements on real property has a lien on the property if<:>
    1-9              <(1)>  the architect, engineer, or surveyor prepares
   1-10  the plan or plat pursuant to a written contract with the owner <,
   1-11  in recordable form,> that contains a legal description of the real
   1-12  property on which the construction is to be performed<;>
   1-13              <(2)  the contract is recorded with the county clerk of
   1-14  the county in which the property is located before the date
   1-15  construction is commenced; and>
   1-16              <(3)  the plan or plat prepared by the architect,
   1-17  engineer, or surveyor asserting the lien is used in performing such
   1-18  construction>.
   1-19        SECTION 2.  Section 53.023, Property Code, is amended to read
   1-20  as follows:
   1-21        Sec. 53.023.  PAYMENT SECURED BY LIEN. The lien secures
   1-22  payment for:
   1-23              (1)  the labor done or material furnished for the
   1-24  construction or repair; <or>
    2-1              (2)  the specially fabricated material, even if the
    2-2  material has not been delivered or incorporated into the
    2-3  construction or repair, less its fair salvage value; or
    2-4              (3)  the preparation of plans or plats by an architect,
    2-5  engineer, or surveyor.
    2-6        SECTION 3.  (a)  The change in law made by this Act applies
    2-7  only to a lien of an architect, engineer, or surveyor acquired
    2-8  under a written contract executed on or after the effective date of
    2-9  this Act.
   2-10        (b)  A lien acquired under a written contract executed before
   2-11  the effective date of this Act is covered by the law in effect when
   2-12  the contract was executed, and the former law is continued in
   2-13  effect for this purpose.
   2-14        SECTION 4.  Section 53.021(d), Property Code, is repealed.
   2-15        SECTION 5.  This Act takes effect September 1, 1995.
   2-16        SECTION 6.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended.