SRC-AXB H.B. 2054 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2054
76R9835  PAM-FBy: Solomons (Shapleigh)
Economic Development
5/10/1999
Engrossed


DIGEST 

Currently, Chapter 53, Property Code, governs relationships between
individuals involved in mechanics', contractors', or materialmen's liens.
H.B. 2054 clarifies existing statutes concerning construction on
residential properties and disclosure statements, by amending existing
language in the Property Code. 

PURPOSE

As proposed, H.B. 2054 clarifies existing statutes concerning construction
on residential properties and disclosure statements, by amending existing
language in the Property Code. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 53.001, Property Code, by adding Subsection
(15), to define "completion." 

SECTION 2.  Amends Section 53.055(a), Property Code, to require an
affidavit to be sent by the fifth, rather than one business, day after it
is filed with the county clerk. 

SECTION 3.  Amends Sections 53.057(a) and (e), Property Code, to authorize
a claimant to give notice instead of or in addition to notice under Section
53.252, Property Code.  Provides that if the claim relates to a residential
construction project under certain sections, the claimant is not required
to give certain notice.  Deletes a reference to Subchapter K. 

SECTION 4.  Amends Section 53.158, Property Code, to require a suit to be
brought to foreclose a lien within two years after the last day a claimant
may file the lien, rather than the date of filing the lien, or within one
year after termination or abandonment of the work.  Requires a certain suit
to be brought within one year after the last day a claimant may file a lien
affidavit, or within one year after completion, termination, or abandonment
of the work under the original contract under which the lien is claimed,
whichever is later.  Deletes text regarding an anniversary. 

SECTION 5.  Amends Section 53.205(a), Property Code, to provide that the
bond protects all individuals with a claim that relates to a residential
construction project, under Subchapter K. 

SECTION 6.  Amends Sections 53.206(a) and (b), Property Code, to specify
that a person is not required to give notice to the surety under Sections
53.058(b) or 53.253(c), under certain conditions. Deletes references to
Subsection (b) and Section 53.058, Property Code.  Makes conforming and
nonsubstantive changes. 

SECTION 7.  Amends Section 53.207(a), Property Code, to make a conforming
change. 

SECTION 8.  Amends Section 53.255(b), Property Code, as follows:

 (b)  Requires the disclosure statement to read substantially similar to
the following: 
 New heading:  CONVEYANCE TO CONTRACTOR NOT REQUIRED.  Specifies that a
contractor is not required to supply certain information if a written
waiver is signed. Clarifies that each time a contractor requests payment
for work performed, the contractor is required to provide a disbursement
statement that lists certain information regarding subcontractors and
suppliers.  Establishes personal liability for choosing not to, rather than
failing, to withhold certain money, and a contractor's failure to pay the
claim.  Deletes text regarding monthly money disbursements. 

SECTION 9.  Amends Section 53.256, Property Code, by amending Subsections
(a) and (b) and adding Subsection (d), to require a certain list to include
text regarding a waiver of a right to receive updated information.
Authorizes an owner to waive the right to receive the list of
subcontractors, suppliers, and updated information.  Sets forth waiver
requirements.  Makes nonsubstantive changes. 

SECTION 10.  Amends Sections 53.258(a), (b), and (e), Property Code, to
require the original contractor to provide the owner with a disbursement
statement, at a certain time.  Sets forth authorized information in the
disbursement.  Requires a certain procedure for the original contractor to
provide the disbursement statement.  Requires the lender to obtain a
disbursement, rather than periodic, statement.  Specifies that an original
contractor's failure to comply with this section does not invalidate
certain matters.  Deletes text regarding the original contractor. 

SECTION 11.  Amends Section 53.260, Property Code, as follows:

 Sec.  53.260.  New heading:  CONVEYANCE TO CONTRACTOR NOT REQUIRED.  

SECTION 12.  Repealer:  Section 53.106(e), Property Code (regarding a
definition for "completion"). 

SECTION 13.Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 14.Emergency clause.