By Pitts                                               H.B. No. 225

      75R1580 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the statute of limitations applying to a lien debt on

 1-3     real property.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 16.035, Civil Practice and Remedies Code,

 1-6     is amended by adding a new Subsection (f) and relettering the

 1-7     existing Subsection (f) as Subsection (g) to read as follows:

 1-8           (f)  The limitations period under this section is not

 1-9     affected by Section 3.118, Business & Commerce Code.

1-10           (g)  In this section, "lien debt" means:

1-11                 (1)  a superior title retained by a vendor in a deed of

1-12     conveyance or a purchase money note; or

1-13                 (2)  a vendor's lien, a mortgage, a deed of trust, a

1-14     voluntary mechanic's lien, or a voluntary materialman's lien on

1-15     real estate, securing a note or other written obligation.

1-16           SECTION 2.  Section 16.036, Civil Practice and Remedies Code,

1-17     is amended by adding Subsection (e) to read as follows:

1-18           (e)  The limitations period under this section is not

1-19     affected by Section 3.118, Business & Commerce Code.

1-20           SECTION 3.  Section 3.118, Business & Commerce Code, is

1-21     amended by adding Subsection (h) to read as follows:

1-22           (h)  This section does not apply to an action involving a

1-23     lien debt on real property covered by Section 16.035 or 16.036,

1-24     Civil Practice and Remedies Code.

 2-1           SECTION 4.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended,

 2-6     and that this Act take effect and be in force from and after its

 2-7     passage, and it is so enacted.