By Wentworth                                    S.B. No. 1094

      75R1018 PAM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the procedure for fixing a mechanic's, contractor's, or

 1-3     materialman's lien on homestead property.

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

 1-5           SECTION 1.  Section 13.001(a), Property Code, is amended to

 1-6     read as follows:

 1-7           (a)  A conveyance of real property or an  interest in real

 1-8     property, a contract executed under Section 53.059, or a mortgage

 1-9     or deed of trust is void as to a creditor or to a subsequent

1-10     purchaser for a valuable consideration without notice unless the

1-11     instrument has been acknowledged, sworn to, or proved and filed for

1-12     record as required by law.

1-13           SECTION 2.  Section 53.059(d), Property Code, is repealed.

1-14           SECTION 3.  This Act takes effect September 1, 1997.  The

1-15     change in law made by this Act applies only to a contract that is

1-16     executed on or after the effective date of this Act.  A contract

1-17     that was executed before the effective date of this Act is covered

1-18     by the law in effect when the contract was executed, and the former

1-19     law is continued in effect for that purpose.

1-20           SECTION 4.  The importance of this legislation and the

1-21     crowded condition of the calendars in both houses create an

1-22     emergency and an imperative public necessity that the

1-23     constitutional rule requiring bills to be read on three several

1-24     days in each house be suspended, and this rule is hereby suspended.