S.B. No. 488
                                        AN ACT
    1-1  relating to a contractual lien for architectural, surveying, or
    1-2  engineering services.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (c), Section 53.021, Property Code, is
    1-5  amended to read as follows:
    1-6        (c)  An architect, engineer, or surveyor who prepares a plan
    1-7  or plat under or by virtue of a written contract with the owner or
    1-8  the owner's agent, trustee, or receiver in connection with the
    1-9  actual or proposed design, construction, or repair of improvements
   1-10  on real property or the location of the boundaries of real property
   1-11  has a lien on the property <if:>
   1-12              <(1)  the architect, engineer, or surveyor prepares the
   1-13  plan or plat pursuant to a written contract, in recordable form,
   1-14  that contains a legal description of the real property on which the
   1-15  construction is to be performed;>
   1-16              <(2)  the contract is recorded with the county clerk of
   1-17  the county in which the property is located before the date
   1-18  construction is commenced; and>
   1-19              <(3)  the plan or plat prepared by the architect,
   1-20  engineer, or surveyor asserting the lien is used in performing such
   1-21  construction>.
   1-22        SECTION 2.  Section 53.023, Property Code, is amended to read
   1-23  as follows:
   1-24        Sec. 53.023.  PAYMENT SECURED BY LIEN. The lien secures
    2-1  payment for:
    2-2              (1)  the labor done or material furnished for the
    2-3  construction or repair; <or>
    2-4              (2)  the specially fabricated material, even if the
    2-5  material has not been delivered or incorporated into the
    2-6  construction or repair, less its fair salvage value; or
    2-7              (3)  the preparation of a plan or plat by an architect,
    2-8  engineer, or surveyor in accordance with Section 53.021(c).
    2-9        SECTION 3.  Subsection (a), Section 53.053, Property Code, is
   2-10  amended to read as follows:
   2-11        (a)  For purposes of Section 53.052, indebtedness accrues on
   2-12  a contract under which a plan or plat is prepared, labor was
   2-13  performed, materials furnished, or specially fabricated materials
   2-14  are to be furnished in accordance with this section.
   2-15        SECTION 4.  Subsection (a), Section 53.122, Property Code, is
   2-16  amended to read as follows:
   2-17        (a)  Except as provided by Subchapter E and Section
   2-18  53.124(e), perfected mechanic's liens are on equal footing without
   2-19  reference to the date of filing the affidavit claiming the lien.
   2-20        SECTION 5.  Section 53.124, Property Code, is amended by
   2-21  amending Subsection (a) and by adding Subsection (e) to read as
   2-22  follows:
   2-23        (a)  Except as provided by Subsection (e), for <For> purposes
   2-24  of Section 53.123, the time of inception of a mechanic's lien is
   2-25  the commencement of construction of improvements or delivery of
   2-26  materials to the land on which the improvements are to be located
   2-27  and on which the materials are to be used.
    3-1        (e)  The time of inception of a lien of an architect,
    3-2  engineer, or surveyor that is created under Section 53.021(c) is
    3-3  the date of recording of an affidavit of lien under Section 53.052.
    3-4  The priority of a lien claimed by an architect, engineer, or
    3-5  surveyor with respect to other mechanic's liens is determined by
    3-6  the date of recording.  A lien created under Section 53.021(c)  is
    3-7  not valid or enforceable against a grantee or purchaser who
    3-8  acquires an interest in the real property before the time of
    3-9  inception of the lien.
   3-10        SECTION 6.  Subsection (d), Section 53.021, Property Code, is
   3-11  repealed.
   3-12        SECTION 7.  (a)  The changes in law made by this Act apply
   3-13  only to a lien of an architect, engineer, or surveyor who prepares
   3-14  a plan or plat under a contract entered into on or after the
   3-15  effective date of this Act.
   3-16        (b)  A lien of an architect, engineer, or surveyor who
   3-17  prepares a plan or plat under a contract entered into before the
   3-18  effective date of this Act is governed by the law as it existed on
   3-19  the date on which the contract was entered into, and the former law
   3-20  is continued in effect for that purpose.
   3-21        SECTION 8.  This Act takes effect September 1, 1995.
   3-22        SECTION 9.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency and an imperative public necessity that the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended.