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 Section 53.021(d), Property Code, is repealed.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.