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.