By Solomons                                           H.B. No. 2135
         76R12775 PAM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to establishing a mechanic's lien for landscaping
 1-3     installations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 53.021, Property Code, is amended by
 1-6     adding Subsection (d) to read as follows:
 1-7           (d)  A person who provides labor, plant material, or other
 1-8     supplies for the installation of landscaping for a house, building,
 1-9     or improvement, including the construction of a retention pond,
1-10     retaining wall, berm, irrigation system, fountain, or other similar
1-11     installation, under or by virtue of a written contract with the
1-12     owner or the owner's agent, trustee, or receiver has a lien on the
1-13     property.
1-14           SECTION 2.  Section 53.124(e), Property Code, is amended to
1-15     read as follows:
1-16           (e)  The time of inception of a lien [of an architect,
1-17     engineer, or surveyor] that is created under Section 53.021(c) or
1-18     (d) is the date of recording of an affidavit of lien under Section
1-19     53.052.  The priority of a lien claimed by a person entitled to a
1-20     lien under Section 53.021(c) or (d) [an architect, engineer, or
1-21     surveyor] with respect to other mechanic's liens is determined by
1-22     the date of recording.  A lien created under Section 53.021(c) or
1-23     (d) is not valid or enforceable against a grantee or purchaser who
1-24     acquires an interest in the real property before the time of
 2-1     inception of the lien.
 2-2           SECTION 3.  (a)  This Act takes effect September 1, 1999.
 2-3           (b)  The change in law made by this Act applies only to a
 2-4     contract executed on or after the effective date of this Act.
 2-5           SECTION 4.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended.