By Nixon                                               S.B. No. 727
         76R5120 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to creating a real estate appraiser's lien.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 70, Property Code, is amended by adding
 1-5     Subchapter E to read as follows:
 1-6                 SUBCHAPTER E.  REAL ESTATE APPRAISER'S LIEN
 1-7           Sec. 70.401.  LIEN.  (a)  A real estate appraiser licensed or
 1-8     certified under the Texas Appraiser Licensing and Certification Act
 1-9     (Article 6573a.2, Vernon's Texas Civil Statutes) who prepares an
1-10     appraisal of real property under a written agreement with the owner
1-11     or the owner's agent, trustee, or receiver has a lien on the
1-12     property.
1-13           (b)  In this subchapter, "owner" includes a person who
1-14     acquires title to the real property before the 180th day after the
1-15     date the appraisal is delivered.
1-16           Sec. 70.402.  ACCRUAL OF INDEBTEDNESS. The indebtedness for
1-17     the appraisal services provided accrues on the date the appraisal
1-18     is delivered to the person requesting the services under the
1-19     written agreement.
1-20           Sec. 70.403.  SECURING LIEN.  (a)  Not later than the 180th
1-21     day after the date the indebtedness accrues, the appraiser claiming
1-22     the lien must file an affidavit with the county clerk of the county
1-23     in which the property is located.
1-24           (b)  Not later than the 10th day before the date the
 2-1     affidavit is filed, the appraiser must serve the owner of the
 2-2     property and the person requesting services under the written
 2-3     agreement written notice that the lien is claimed.
 2-4           Sec. 70.404.  CONTENTS OF AFFIDAVIT AND NOTICE.  The
 2-5     affidavit and notices required under Section 70.403 must include:
 2-6                 (1)  the name of the owner of the real property;
 2-7                 (2)  the name of the person who requested the appraisal
 2-8     services;
 2-9                 (3)  the name and mailing address of the appraiser
2-10     claiming the lien;
2-11                 (4)  the date the appraisal was delivered;
2-12                 (5)  a description of the real property that is the
2-13     subject of the appraisal; and
2-14                 (6)  the amount of the claim.
2-15           Sec. 70.405.  DISCHARGE OF LIEN.  A lien provided by this
2-16     subchapter may be discharged of record by:
2-17                 (1)  recording a release of lien signed by the
2-18     appraiser claiming the lien; or
2-19                 (2)  recording the original or a certified copy of a
2-20     final judgment of a court providing for the discharge.
2-21           SECTION 2.  (a)  This Act takes effect September 1, 1999.
2-22           (b)  The change in law made by this Act applies only to an
2-23     agreement to compensate a licensed or certified real estate
2-24     appraiser that is entered into on or after the effective date of
2-25     this Act.
2-26           SECTION 3.  The importance of this legislation and the
2-27     crowded condition of the calendars in both houses create an
 3-1     emergency and an imperative public necessity that the
 3-2     constitutional rule requiring bills to be read on three several
 3-3     days in each house be suspended, and this rule is hereby suspended.