By Brimer                                             H.B. No. 1052
         76R3660 PAM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to creating a real estate broker's lien on commercial real
 1-3     estate.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle B, Title 5, Property Code, is amended by
 1-6     adding Chapter 62 to read as follows:
 1-7            CHAPTER 62.  BROKER'S LIEN ON COMMERCIAL REAL ESTATE
 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-9           Sec. 62.001.  SHORT TITLE.  This chapter may be cited as the
1-10     Broker's Lien on Commercial Real Estate Act.
1-11           Sec. 62.002.  APPLICABILITY.  This chapter applies only to
1-12     real estate that is commercial real estate on the date the notice
1-13     of lien is filed under this chapter.
1-14           Sec. 62.003.  DEFINITIONS.  In this chapter:
1-15                 (1)  "Broker" means a person who:
1-16                       (A)  is licensed as a real estate broker under
1-17     The Real Estate License Act (Article 6573a, Vernon's Texas Civil
1-18     Statutes) and is not acting as a residential rental locator as
1-19     defined by Section 24, The Real Estate License Act (Article 6573a,
1-20     Vernon's Texas Civil Statutes); or
1-21                       (B)  is licensed or certified as a real estate
1-22     appraiser under the Texas Appraiser Licensing and Certification Act
1-23     (Article 6573a.2, Vernon's Texas Civil Statutes).
1-24                 (2)  "Commercial real estate" means all real estate
 2-1     except:
 2-2                       (A)  real estate improved with one to four
 2-3     residential units;
 2-4                       (B)  a single-family residential unit, including
 2-5     a condominium, townhouse, or home in a subdivision, if the unit is
 2-6     sold, leased, or otherwise conveyed on a unit-by-unit basis and
 2-7     regardless of whether the unit is part of a larger building or
 2-8     located on real estate containing more than four residential units;
 2-9                       (C)  real estate that is a person's homestead; or
2-10                       (D)  real estate that is not improved with a
2-11     structure and is:
2-12                             (i)  zoned for single-family residential
2-13     use; or
2-14                             (ii)  restricted for single-family use
2-15     under restrictive covenants that remain in effect for at least 20
2-16     years after the date the restrictions are recorded in the real
2-17     property records of the county in which the real estate is located.
2-18                 (3)  "Commission" includes a fee or other valuable
2-19     consideration.
2-20                 (4)  "Commission agreement" means a written instrument
2-21     that:
2-22                       (A)  entitles a broker to a commission;
2-23                       (B)  is signed by the person obligated to pay the
2-24     commission or that person's authorized agent;
2-25                       (C)  references the commission amount or
2-26     describes the formula used to determine the commission amount; and
2-27                       (D)  contains a description legally sufficient
 3-1     for identification of the real estate that is the subject of the
 3-2     agreement if the person obligated to pay the commission is a seller
 3-3     or lessor.
 3-4                 (5)  "Deferred commission" means a commission that is
 3-5     earned and is not yet payable.
 3-6                 (6)  "Real estate" has the meaning assigned by Section
 3-7     2, The Real Estate License Act (Article 6573a, Vernon's Texas Civil
 3-8     Statutes).
 3-9           Sec. 62.004.  EARNED COMMISSION AND PAYABLE COMMISSION.  (a)
3-10     If the broker enters into a commission agreement with a seller or
3-11     lessor of the commercial real estate, a commission is earned at the
3-12     time the broker presents to the seller or lessor a ready, willing,
3-13     and able buyer or tenant to purchase or lease all or part of the
3-14     commercial real estate on the seller's or lessor's terms.
3-15           (b)  If the broker enters into a commission agreement with a
3-16     prospective buyer or tenant of commercial real estate, a commission
3-17     is earned at the time the broker presents to the prospective buyer
3-18     or tenant a property suitable for purchase or lease on the buyer's
3-19     or tenant's terms.
3-20           (c)  A commission is payable at the time provided by the
3-21     commission agreement.
3-22               (Sections 62.005-62.020 reserved for expansion)
3-23                        SUBCHAPTER B.  BROKER'S LIEN
3-24           Sec. 62.021.  PERSON ENTITLED TO LIEN.  (a) A broker has a
3-25     lien on commercial real estate in the amount specified by the
3-26     commission agreement if:
3-27                 (1)  the broker has earned a commission under a
 4-1     commission agreement signed by the seller or lessor of the
 4-2     commercial real estate or the seller's or lessor's authorized
 4-3     agent; and
 4-4                 (2)  a notice of lien is recorded and indexed as
 4-5     provided by Section 62.024.
 4-6           (b)  A broker has a lien on the interest in commercial real
 4-7     estate that a prospective buyer purchases in the amount specified
 4-8     by the commission agreement if:
 4-9                 (1)  the broker has earned a commission under a
4-10     commission agreement signed by the prospective buyer of the
4-11     commercial real estate or the prospective buyer's authorized agent;
4-12     and
4-13                 (2)  a notice of lien is recorded and indexed as
4-14     provided by Section 62.024.
4-15           (c)  A broker has a lien on the leasehold interest in
4-16     commercial real estate of a prospective tenant in the amount
4-17     specified by the commission agreement if:
4-18                 (1)  the broker has earned a commission under a
4-19     commission agreement signed by the prospective tenant of the
4-20     commercial real estate or the prospective tenant's authorized
4-21     agent; and
4-22                 (2)  a notice of lien is recorded and indexed as
4-23     provided by Section 62.024.
4-24           (d)  A lien described by this section is available only to
4-25     the broker named in the commission agreement.  The lien is not
4-26     available to an employee or independent contractor of the broker.
4-27           (e)  The broker's right to claim a lien based on the
 5-1     commission agreement must be disclosed in the commission agreement.
 5-2           Sec. 62.022.  WAIVER OR RELEASE AND DISCHARGE OF LIEN.  (a)
 5-3     The waiver of a broker's entitlement to a lien under this chapter,
 5-4     or the release of a lien given for the purpose of releasing a
 5-5     broker's lien before the commission is satisfied or forgiven, is
 5-6     void.
 5-7           (b)  A lien under this chapter is discharged by:
 5-8                 (1)  paying the commission to the broker named in the
 5-9     commission agreement; or
5-10                 (2)  establishing an escrow account described by
5-11     Subchapter F.
5-12           Sec. 62.023.  AFFIDAVIT IDENTIFYING BROKER.  If requested by
5-13     the buyer, the buyer's authorized agent, or the escrow agent for
5-14     the commercial real estate transaction, the seller of commercial
5-15     real estate may and the broker representing the seller shall
5-16     provide to the requesting party before the closing of the
5-17     transaction a written affidavit identifying each broker with whom
5-18     the seller or the seller's authorized agent has signed a commission
5-19     agreement.
5-20           Sec. 62.024.  FILING OF NOTICE OF LIEN.  (a)  A broker
5-21     claiming a lien under this chapter may not file a notice of lien
5-22     unless the commission on which the lien is based is earned.
5-23           (b)  A broker claiming a lien under this chapter must file a
5-24     notice of lien as provided by Subchapter C with the county clerk of
5-25     the county in which the commercial real estate is located.
5-26           (c)  The county clerk shall record the notice of lien in
5-27     records kept for that purpose and shall index and cross-index the
 6-1     notice of lien in the names of the broker, each person obligated to
 6-2     pay the commission under the commission agreement, and each owner
 6-3     of the interest in the commercial real estate on which the lien is
 6-4     claimed.
 6-5           Sec. 62.025.  CONTENTS OF NOTICE OF LIEN.  The notice of lien
 6-6     must be signed by the broker or by a person authorized to sign on
 6-7     behalf of the broker and must contain the following:
 6-8                 (1)  a sworn statement of the nature and amount of the
 6-9     claim, including:
6-10                       (A)  the commission amount or the formula used to
6-11     determine the commission; and
6-12                       (B)  the type of commission at issue, including a
6-13     deferred commission;
6-14                 (2)  the name of the broker and the real estate license
6-15     number of the broker;
6-16                 (3)  the name as reflected in the broker's records of
6-17     any person who the broker believes is obligated to pay the
6-18     commission under the commission agreement;
6-19                 (4)  the name as reflected in the broker's records of
6-20     any person the broker believes to be an owner of the interest in
6-21     the real estate on which the lien is claimed;
6-22                 (5)  a description legally sufficient for
6-23     identification of the interest in the commercial real estate sought
6-24     to be charged with the lien; and
6-25                 (6)  a copy of the commission agreement.
6-26           Sec. 62.026.  NOTICE OF FILING.  (a) In this section,
6-27     "business day" means a day other than a Saturday, Sunday, or
 7-1     holiday recognized by this state.
 7-2           (b)  Not later than one business day after the date the
 7-3     broker files a notice of lien, the broker shall mail a copy of the
 7-4     notice of lien by certified mail, return receipt requested, or
 7-5     registered mail to:
 7-6                 (1)  the owner of record of the interest in the
 7-7     commercial real estate on which the lien is claimed or the owner's
 7-8     authorized agent; and
 7-9                 (2)  the prospective buyer or tenant and any escrow
7-10     agent named in a contract for the sale or lease of the interest in
7-11     the commercial real estate on which the lien is claimed if:
7-12                       (A)  a binding written contract for the sale or
7-13     lease of the interest in the commercial real estate is in effect
7-14     between the owner and the prospective buyer or tenant in a
7-15     transaction that is the basis for the commission; and
7-16                       (B)  the binding written contract was executed by
7-17     the owner and the prospective buyer or tenant before the date the
7-18     notice of lien is filed.
7-19           (c)  Service of the notice under Subsection (b) is complete
7-20     when the notice is deposited in the United States mail, postage
7-21     prepaid, and addressed to the persons entitled to receive the
7-22     notice under this section.
7-23           (d)  If the broker has actual knowledge of the identity of
7-24     the escrow agent named in the contract for the sale or lease of the
7-25     interest in the commercial real estate on which the broker claims a
7-26     lien or of the escrow agent otherwise closing the sale or lease of
7-27     the interest in the commercial real estate, the broker, before the
 8-1     first business day before the date that the sale or lease is
 8-2     closed, shall deliver a file-stamped copy or transmit a facsimile
 8-3     of a file-stamped copy of the notice of lien to each escrow agent
 8-4     at the agent's closing office for use during the closing of the
 8-5     sale or lease.
 8-6           (e)  If the escrow agent receives the notice of lien, the
 8-7     escrow agent and other parties to the sale or lease may not close
 8-8     the transaction unless the lien is released or the funds are held
 8-9     in escrow as provided by Subchapter F.
8-10           (f)  If the broker fails to comply with this section, the
8-11     notice of lien is void.
8-12           Sec. 62.027.  INCEPTION OF BROKER'S LIEN.  (a) A broker's
8-13     lien attaches to the interest in the commercial real estate owned
8-14     by the person obligated to pay the commission on the date the
8-15     notice of lien is recorded as provided by this chapter.  The lien
8-16     does not relate back to the date of the commission agreement.
8-17           (b)  A notice of lien for amounts earned by the broker under
8-18     an installment contract or under a commission agreement for a
8-19     deferred commission is enforceable only to the extent that the
8-20     installment or commission has become payable.
8-21           Sec. 62.028.  PRIORITY.  (a)  A recorded lien, mortgage, or
8-22     other encumbrance on commercial real estate, including a recorded
8-23     lien securing revolving credit and future advances for a loan,
8-24     recorded before the date a broker's lien is recorded has priority
8-25     over the broker's lien.
8-26           (b)  A broker's lien on the interest in commercial real
8-27     estate of a person obligated to pay a commission is not valid or
 9-1     enforceable against a grantee, buyer, lessee, or transferee of the
 9-2     interest of the person obligated to pay the commission if the deed,
 9-3     lease, or instrument transferring the interest is recorded before
 9-4     the broker's lien is recorded.
 9-5           (c)  A purchase-money mortgage lien executed by the buyer of
 9-6     the interest in the commercial real estate has priority over a
 9-7     broker's lien claimed against the prospective buyer for the
 9-8     commission owed by that buyer.
 9-9           (d)  A mechanic's lien that is recorded after a broker's lien
9-10     and that relates back to a date before the date the broker's lien
9-11     is recorded has priority over the broker's lien.
9-12           Sec. 62.029.  SUBORDINATION.  (a) If the person obligated to
9-13     pay the commission sells that person's interest in the commercial
9-14     real estate, the broker's lien is subordinate to a recorded
9-15     purchase-money first lien authorized by the buyer if the buyer:
9-16                 (1)  executes and files with the county clerk of the
9-17     county in which the broker's lien is filed a memorandum that
9-18     evidences the buyer's ratification of the broker's lien and the
9-19     buyer's assumption of the obligation to pay the broker the
9-20     commission as provided by the commission agreement that is the
9-21     basis for the lien; and
9-22                 (2)  sends the broker, by certified mail, return
9-23     receipt requested, or registered mail, a copy of the recorded
9-24     memorandum required by this subsection.
9-25           (b)  If the person obligated to pay the commission refinances
9-26     a recorded first lien secured by that person's interest in the
9-27     commercial real estate, the broker's lien is subordinate to the
 10-1    recorded refinanced first lien, regardless of the amount of the
 10-2    first lien after refinancing, if the person obligated to pay the
 10-3    commission:
 10-4                (1)  executes and files with the county clerk of the
 10-5    county in which the broker's lien is filed a memorandum that
 10-6    evidences the person's ratification of the broker's lien and the
 10-7    person's obligation to pay the broker the commission as provided by
 10-8    the commission agreement that is the basis for the lien; and
 10-9                (2)  sends the broker, by certified mail, return
10-10    receipt requested, or registered mail, a copy of the recorded
10-11    memorandum required by this subsection.
10-12          (c)  If the person obligated to pay the commission obtains an
10-13    extension of credit secured by that person's interest in the
10-14    commercial real estate, the broker's lien is subordinate to the
10-15    lien securing the extension of credit if, according to the lien
10-16    documents, the extension of credit is made only for the purpose of:
10-17                (1)  repairing or renovating the commercial real
10-18    estate; or
10-19                (2)  completing construction or providing additional
10-20    improvements on the commercial real estate.
10-21          (d)  If the person obligated to pay the commission furnishes
10-22    a subordination agreement as provided by this section to be
10-23    executed by the broker, the broker must:
10-24                (1)  execute and acknowledge the subordination
10-25    agreement before a notary public; and
10-26                (2)  return the subordination agreement to the person
10-27    not later than the seventh day after the date the broker receives
 11-1    the subordination agreement and other documents the broker
 11-2    reasonably requests in order to determine that the subordination
 11-3    agreement complies with this section.
 11-4          Sec. 62.030.  MIXED-USE REAL ESTATE.  If real estate is zoned
 11-5    or restricted for more than one use, the broker's lien attaches
 11-6    only to the portions of the real estate zoned or restricted for
 11-7    commercial use.
 11-8          Sec. 62.031.  CHANGE IN USE OF REAL ESTATE.  (a) Except as
 11-9    provided by Subsection (b), any change in the use of the real
11-10    estate does not affect a broker's lien if the notice of the lien
11-11    was filed when the real estate was commercial real estate.
11-12          (b)  The broker's lien is extinguished if:
11-13                (1)  not later than the 180th day after the date on
11-14    which the broker's commission is payable, the commercial real
11-15    estate on which a broker claims a lien is zoned for single-family
11-16    use or restricted for single-family use under recorded restrictive
11-17    covenants that remain in effect for at least 20 years after the
11-18    date the restrictions are recorded in the real property records of
11-19    the county in which the real estate is located; and
11-20                (2)  the zoning ordinances or restrictive covenants for
11-21    single-family use are in effect until at least the second
11-22    anniversary of the date the commission is payable.
11-23              (Sections 62.032-62.040 reserved for expansion)
11-24               SUBCHAPTER C.  TIME FOR FILING NOTICE OF LIEN
11-25          Sec. 62.041.  TIME TO FILE.  (a) If a broker has earned a
11-26    commission under a commission agreement signed by a seller or the
11-27    seller's authorized agent, a broker must record a notice of lien:
 12-1                (1)  after the commission is earned; and
 12-2                (2)  before the conveyance of the interest in the
 12-3    commercial real estate on which the broker is claiming a lien.
 12-4          (b)  If a broker has earned a commission under a commission
 12-5    agreement signed by a prospective buyer or a prospective buyer's
 12-6    authorized agent, the broker must record a notice of lien:
 12-7                (1)  after the buyer acquires legal title to the
 12-8    interest in the commercial real estate on which the broker is
 12-9    claiming a lien; and
12-10                (2)  before the buyer conveys the buyer's interest in
12-11    the commercial real estate on which the broker is claiming a lien.
12-12          (c)  If the lien is based on a lease transaction, the broker
12-13    must record a notice of lien after the commission is earned and
12-14    before the earlier of:
12-15                (1)  the 91st day after the date the event for which
12-16    the commission becomes payable occurs; or
12-17                (2)  the date the person obligated to pay the
12-18    commission records a conveyance of that person's interest in the
12-19    commercial real estate after executing the lease agreement relating
12-20    to the lease transaction for which the lien is claimed.
12-21          (d)  If a notice of lien is not filed within the time
12-22    required by this section, the lien is void.
12-23              (Sections 62.042-62.060 reserved for expansion)
12-24                    SUBCHAPTER D.  ENFORCEMENT OF LIEN
12-25          Sec. 62.061.  SUIT TO FORECLOSE LIEN.  (a) A broker may not
12-26    bring a suit to foreclose a lien under this chapter unless the lien
12-27    is earned and payable.  A broker may bring a suit to foreclose a
 13-1    lien in any district court for the county in which the commercial
 13-2    real estate is located by filing a sworn complaint stating that the
 13-3    notice of lien has been recorded.
 13-4          (b)  A complaint in a suit filed under this section must
 13-5    contain:
 13-6                (1)  a brief description of the commission agreement
 13-7    that is the basis for the lien, including:
 13-8                      (A)  a description of the disclosure of the
 13-9    broker's right to the lien contained in the commission agreement;
13-10                      (B)  the date on which the commission agreement
13-11    was executed;
13-12                      (C)  the event for which a commission is
13-13    considered to be earned; and
13-14                      (D)  the event for which a commission is
13-15    considered to be payable;
13-16                (2)  a description of the services performed by the
13-17    broker;
13-18                (3)  the amount of the payable commission that is
13-19    unpaid;
13-20                (4)  a description of the commercial real estate to
13-21    which the lien attaches; and
13-22                (5)  other facts necessary for a full understanding of
13-23    the rights of the parties.
13-24          (c)  The broker must include as a defendant in a suit brought
13-25    under this subchapter each person the broker believes to have an
13-26    interest in the commercial real estate that is subordinate to or
13-27    encumbered by the broker's lien.
 14-1          (d)  If the broker and a person against whom the broker
 14-2    claims a commission use alternative dispute resolution procedures
 14-3    to resolve a dispute concerning entitlement to the broker's
 14-4    commission, the broker's lien remains valid, and any suit to
 14-5    foreclose the lien is stayed until the alternative dispute
 14-6    resolution process is completed.
 14-7          Sec. 62.062.  STATUTE OF LIMITATIONS.  (a) Except as provided
 14-8    by this section, a broker claiming a lien under this chapter must
 14-9    bring a suit to foreclose the lien on or before the second
14-10    anniversary of the date the notice of lien is recorded.
14-11          (b)  A broker claiming a lien to collect a deferred
14-12    commission must bring a suit to foreclose the lien on or before the
14-13    earlier of:
14-14                (1)  the second anniversary of the date on which the
14-15    commission is payable; or
14-16                (2)  the 10th anniversary of the date the lien is
14-17    recorded or the 10th anniversary of the date the broker records a
14-18    subsequent notice of the lien as a renewal of the broker's
14-19    entitlement to the lien, whichever date is later.
14-20          (c)  A renewal of a notice of lien must state that it is a
14-21    renewal of the broker's lien and must be recorded after the ninth
14-22    anniversary after the date the original notice of lien or last
14-23    renewal notice is recorded and on or before the 10th anniversary of
14-24    the date the original notice of lien or last renewal notice is
14-25    recorded.
14-26          (d)  A broker claiming a lien for a commission that is
14-27    payable must bring a suit to foreclose the lien not later than the
 15-1    30th day after the date the broker receives a written demand to
 15-2    bring a suit to foreclose the lien from the owner of the interest
 15-3    in the commercial real estate on which the lien is claimed.
 15-4          (e)  If a suit to foreclose the lien is not brought within
 15-5    the time required by this section, the lien is void.
 15-6          Sec. 62.063.  ASSESSMENT OF COSTS, FEES, AND INTEREST.  The
 15-7    prevailing party in a suit brought under this subchapter is
 15-8    entitled to court costs, reasonable attorney's fees, and
 15-9    prejudgment interest.
15-10              (Sections 62.064-62.080 reserved for expansion)
15-11                      SUBCHAPTER E.  RELEASE OF LIEN
15-12          Sec. 62.081.  RELEASE OF LIEN.  (a) When a debt that is the
15-13    basis for a lien under this chapter is satisfied, the broker shall,
15-14    not later than the fifth day after the date the broker receives a
15-15    written request from the owner of the interest in the commercial
15-16    real estate on which the lien is claimed, furnish to the owner a
15-17    release of indebtedness and any lien claimed.
15-18          (b)  When a condition occurs that would preclude the broker
15-19    from receiving compensation under the terms of the commission
15-20    agreement that is the basis for the lien, the broker shall, not
15-21    later than the 10th day after the date the broker receives a
15-22    written request from the owner of the interest in the commercial
15-23    real estate on which the lien is claimed, furnish to the owner a
15-24    release of indebtedness and any lien claimed.
15-25          (c)  A release of lien must be in a form that permits the
15-26    instrument to be filed of record.
15-27              (Sections 62.082-62.100 reserved for expansion)
 16-1                 SUBCHAPTER F.  ESCROW OF DISPUTED AMOUNTS
 16-2          Sec. 62.101.  ESCROW ACCOUNT.  If a claim for a lien under a
 16-3    recorded notice of lien is not paid or assumed at the closing of a
 16-4    sale, lease, or mortgage of the commercial real estate subject to
 16-5    the lien and would prevent the closing of the transaction or
 16-6    conveyance, any person named in the notice of lien as obligated to
 16-7    pay the commission shall, before closing:
 16-8                (1)  establish an escrow account from the proceeds of
 16-9    the transaction or conveyance in an amount sufficient to satisfy
16-10    the lien and related costs in an amount not less than 15 percent of
16-11    the amount of the lien for any interpleader action brought by the
16-12    person maintaining the escrow account; or
16-13                (2)  file a bond to indemnify against the lien as
16-14    provided by Subchapter G.
16-15          Sec. 62.102.  NAMED ESCROW AGENT.  If an escrow agent is
16-16    named in the contract on which the transaction or conveyance is
16-17    based, the escrow account shall be established with the named
16-18    escrow agent.
16-19          Sec. 62.103.  COSTS OF INTERPLEADER.  Related costs for any
16-20    interpleader action may be deducted from the escrow account by the
16-21    person maintaining the escrow account.
16-22          Sec. 62.104.  REFUSAL TO ESTABLISH AN ESCROW ACCOUNT.  A
16-23    party may not refuse to close a transaction because of the
16-24    requirement to establish an escrow account as provided by this
16-25    section if:
16-26                (1)  the broker provides a copy of the notice of lien
16-27    that complies with Section 62.026;
 17-1                (2)  sufficient proceeds exist in the proposed
 17-2    transaction for the payment of the commission and costs of the
 17-3    interpleader; and
 17-4                (3)  the broker executes and delivers a full  release
 17-5    of the broker's lien in a recordable form.
 17-6          Sec. 62.105.  TERM OF ESCROW ACCOUNT.  The amount held in
 17-7    escrow shall be held in escrow until:
 17-8                (1)  the rights of the parties claiming the amount in
 17-9    escrow are determined by a written agreement of the parties, a
17-10    court order, or an alternative dispute resolution process agreed to
17-11    by the parties;
17-12                (2)  the broker's lien is no longer enforceable; or
17-13                (3)  the funds are interpled into a district court for
17-14    the county in which the commercial real estate is located.
17-15          Sec. 62.106.  EXTINGUISHMENT OF LIEN UPON ESCROW.  When the
17-16    escrow account is established under this section, the broker's lien
17-17    against the commercial real estate is extinguished and becomes a
17-18    lien on the proceeds in the escrow account.
17-19              (Sections 62.107-62.120 reserved for expansion)
17-20               SUBCHAPTER G.  BOND TO INDEMNIFY AGAINST LIEN
17-21          Sec. 62.121.  BOND.  (a)  If a lien is fixed or is attempted
17-22    to be fixed by a recorded instrument under this chapter,  any
17-23    person may file a bond to indemnify against the lien.
17-24          (b)  The bond shall be filed with the county clerk of the
17-25    county in which the commercial real estate subject to the lien is
17-26    located.
17-27          Sec. 62.122.  BOND REQUIREMENTS.  The bond must:
 18-1                (1)  describe the commercial real estate on which the
 18-2    lien is claimed;
 18-3                (2)  refer to the lien claimed in a manner sufficient
 18-4    to identify it;
 18-5                (3)  be in an amount that is double the amount of the
 18-6    lien referred to in the bond as of the date of execution of the
 18-7    bond by the surety, unless the total amount claimed in the lien
 18-8    exceeds $40,000, in which case the bond must be in an amount that
 18-9    is 1-1/2 times the amount of the lien;
18-10                (4)  be payable to the party claiming the lien;
18-11                (5)  be executed by:
18-12                      (A)  the party filing the bond as principal; and
18-13                      (B)  a corporate surety licensed by this state to
18-14    execute the bond as surety;
18-15                (6)  be conditioned substantially that the principal
18-16    and sureties will pay the named obligees or their assignees the
18-17    amount that the named obligees would have been entitled to recover
18-18    if their claim had been proved to be valid and enforceable liens on
18-19    the commercial real estate; and
18-20                (7)  identify the last known mailing address of the
18-21    person claiming the lien.
18-22          Sec. 62.123.  NOTICE OF BOND.  (a) After the bond is filed,
18-23    the county clerk shall issue notice of the bond to all named
18-24    obligees.
18-25          (b)  A copy of the bond must be attached to the notice.
18-26          (c)  The notice must be served on each obligee by mailing a
18-27    copy of the notice and the bond to the obligee by certified mail,
 19-1    return receipt requested, addressed to the claimant at the address
 19-2    stated in the bond for the obligee.
 19-3          Sec. 62.124.  RECORDING OF BOND AND NOTICE.  (a)  The county
 19-4    clerk shall record the bond, the notice, and a certificate of
 19-5    mailing in the real property records.
 19-6          (b)  In acquiring an interest in or insuring title to the
 19-7    commercial real estate, a buyer, insurer of title, or lender may
 19-8    rely on and is absolutely protected by the record of the bond and
 19-9    the notice to the same extent as if the lien claimant had filed a
19-10    release of lien in the real property records.
19-11          Sec. 62.125.  ACTION ON BOND.  (a) A party making or holding
19-12    a lien claim may not sue on the bond later than the second
19-13    anniversary of the date on which the underlying lien claim becomes
19-14    payable.
19-15          (b)  The bond is not exhausted by one action against it.
19-16    Each named obligee or assignee of an obligee may maintain a
19-17    separate suit on the bond in any district court for the county in
19-18    which the commercial real estate is located.
19-19          SECTION 2.  This Act takes effect September 1, 1999.  The
19-20    change in law made by this Act applies only to an agreement to
19-21    compensate a licensed real estate broker that is entered into on or
19-22    after the effective date of this Act.
19-23          SECTION 3.  The importance of this legislation and the
19-24    crowded condition of the calendars in both houses create an
19-25    emergency and an imperative public necessity that the
19-26    constitutional rule requiring bills to be read on three several
19-27    days in each house be suspended, and this rule is hereby suspended.