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 Subsection (d), Section 53.059, Property Code, is 1-20 repealed. 1-21 SECTION 3.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. 1-32 * * * * *