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.
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