1-1     By:  Wentworth                                        S.B. No. 1094

 1-2           (In the Senate - Filed March 10, 1997; March 13, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     April 3, 1997, reported favorably by the following vote:  Yeas 7,

 1-5     Nays 0; April 3, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the procedure for fixing a mechanic's, contractor's, or

 1-9     materialman's lien on homestead property.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subsection (a), Section 13.001, Property Code, is

1-12     amended to read as follows:

1-13           (a)  A conveyance of real property or an interest in real

1-14     property, a contract executed under Section 53.059, or a mortgage

1-15     or deed of trust is void as to a creditor or to a subsequent

1-16     purchaser for a valuable consideration without notice unless the

1-17     instrument has been acknowledged, sworn to, or proved and filed for

1-18     record as required by law.

1-19           SECTION 2.  Subsection (d), Section 53.059, Property Code, is

1-20     repealed.

1-21           SECTION 3.  This Act takes effect September 1, 1997.  The

1-22     change in law made by this Act applies only to a contract that is

1-23     executed on or after the effective date of this Act.  A contract

1-24     that was executed before the effective date of this Act is covered

1-25     by the law in effect when the contract was executed, and the former

1-26     law is continued in effect for that purpose.

1-27           SECTION 4.  The importance of this legislation and the

1-28     crowded condition of the calendars in both houses create an

1-29     emergency and an imperative public necessity that the

1-30     constitutional rule requiring bills to be read on three several

1-31     days in each house be suspended, and this rule is hereby suspended.

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