SRC-AXB S.B. 727 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 727
76R5120  PAM-DBy: Nixon
State Affairs
4/14/1999
As Filed


DIGEST 

Currently, architects and surveyors have the right to file liens on
properties for non-payment of fees. However, appraisers do not have the
right to file liens for the non-payment of services they provide. This bill
would permit appraisers to file liens on real property for services they
provide. 

PURPOSE

As proposed, S.B. 727 creates provisions for a real estate appraiser to
procure and secure a lien. 

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 Chapter 70, Property Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E.  REAL ESTATE APPRAISER'S LIEN

Sec.  70.401.  LIEN.  Provides that a licensed or certified real estate
appraiser who prepares an appraisal under a written agreement with certain
entities has a lien on the property. Describes "owner." 

Sec.  70.402.  ACCRUAL OF INDEBTEDNESS.  Sets forth the date when
indebtedness for appraisal services accrues. 

Sec.  70.403.  SECURING LIEN.  Requires the appraiser claiming the lien to
file an affidavit with a certain authority by the 180th day after the
indebtedness accrues.  Requires the appraiser to serve written notice that
the lien is claimed to certain entities by the 10th day before filing the
affidavit. 

Sec.  70.404.  CONTENTS OF AFFIDAVIT AND NOTICE.  Sets forth required
information in the required affidavit and notices. 

Sec.  70.405.  DISCHARGE OF LIEN.  Sets forth the recordings of releases
and certain documents which can discharge a lien provided by this
subchapter. 

SECTION 2.  Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.