1-1 By: Solomons (Senate Sponsor - Harris) H.B. No. 2135
1-2 (In the Senate - Received from the House May 14, 1999;
1-3 May 14, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to establishing a mechanic's lien for landscaping
1-9 installations.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 53.021, Property Code, is amended by
1-12 adding Subsection (d) to read as follows:
1-13 (d) A person who provides labor, plant material, or other
1-14 supplies for the installation of landscaping for a house, building,
1-15 or improvement, including the construction of a retention pond,
1-16 retaining wall, berm, irrigation system, fountain, or other similar
1-17 installation, under or by virtue of a written contract with the
1-18 owner or the owner's agent, trustee, or receiver has a lien on the
1-19 property.
1-20 SECTION 2. Section 53.124(e), Property Code, is amended to
1-21 read as follows:
1-22 (e) The time of inception of a lien [of an architect,
1-23 engineer, or surveyor] that is created under Section 53.021(c) or
1-24 (d) is the date of recording of an affidavit of lien under Section
1-25 53.052. The priority of a lien claimed by a person entitled to a
1-26 lien under Section 53.021(c) or (d) [an architect, engineer, or
1-27 surveyor] with respect to other mechanic's liens is determined by
1-28 the date of recording. A lien created under Section 53.021(c) or
1-29 (d) is not valid or enforceable against a grantee or purchaser who
1-30 acquires an interest in the real property before the time of
1-31 inception of the lien.
1-32 SECTION 3. (a) This Act takes effect September 1, 1999.
1-33 (b) The change in law made by this Act applies only to a
1-34 contract executed on or after the effective date of this Act.
1-35 SECTION 4. The importance of this legislation and the
1-36 crowded condition of the calendars in both houses create an
1-37 emergency and an imperative public necessity that the
1-38 constitutional rule requiring bills to be read on three several
1-39 days in each house be suspended, and this rule is hereby suspended.
1-40 * * * * *