By Wentworth                                          S.B. No. 1008
         76R3662 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 will remain in effect for at least
2-16     the next two years.
2-17                 (3)  "Commission" includes a fee or other valuable
2-18     consideration.
2-19                 (4)  "Commission agreement" means a written instrument
2-20     that:
2-21                       (A)  entitles a broker to a commission;
2-22                       (B)  is signed by the person obligated to pay the
2-23     commission or that person's authorized agent;
2-24                       (C)  references the commission amount or
2-25     describes the formula used to determine the commission amount; and
2-26                       (D)  contains a description legally sufficient
2-27     for identification of the real estate that is the subject of the
 3-1     agreement if the person obligated to pay the commission is a seller
 3-2     or lessor.
 3-3                 (5)  "Deferred commission" means a commission that is
 3-4     earned and is not yet payable.
 3-5                 (6)  "Real estate" has the meaning assigned by Section
 3-6     2, The Real Estate License Act (Article 6573a, Vernon's Texas Civil
 3-7     Statutes).
 3-8           Sec. 62.004.  EARNED COMMISSION AND PAYABLE COMMISSION.  (a)
 3-9     If the broker enters into a commission agreement with a seller or
3-10     lessor of the commercial real estate, a commission is earned at the
3-11     time the broker presents to the seller or lessor a ready, willing,
3-12     and able buyer or tenant to purchase or lease all or part of the
3-13     commercial real estate on the seller's or lessor's terms.
3-14           (b)  If the broker enters into a commission agreement with a
3-15     prospective buyer or tenant of commercial real estate, a commission
3-16     is earned at the time the broker presents to the prospective buyer
3-17     or tenant a property suitable for purchase or lease on the buyer's
3-18     or tenant's terms.
3-19           (c)  If the broker enters into a commission agreement to
3-20     provide appraisal services, a commission is earned at the time the
3-21     broker delivers the appraisal to the person obligated to pay the
3-22     commission.
3-23           (d)  A commission is payable at the time provided by the
3-24     commission agreement.
3-25           Sec. 62.005.  BROKER'S ADDRESS FOR RECEIPT OF NOTICE.  A
3-26     seller, lessor, buyer, or tenant shall send any notice required to
3-27     be sent to the broker under this chapter to the broker at:
 4-1                 (1)  the broker's last known address as reflected in
 4-2     the person's records; and
 4-3                 (2)  the broker's address as reflected in the records
 4-4     of the Texas Real Estate Commission.
 4-5               (Sections 62.006-62.020 reserved for expansion)
 4-6                        SUBCHAPTER B.  BROKER'S LIEN
 4-7           Sec. 62.021.  PERSON ENTITLED TO LIEN.  (a) A broker has a
 4-8     lien on commercial real estate in the amount specified by the
 4-9     commission agreement if:
4-10                 (1)  the broker has earned a commission under a
4-11     commission agreement signed by the seller or lessor of the
4-12     commercial real estate or the seller's or lessor's authorized
4-13     agent; and
4-14                 (2)  a notice of lien is recorded and indexed as
4-15     provided by Section 62.024.
4-16           (b)  A broker has a lien on the interest in commercial real
4-17     estate that a prospective buyer purchases in the amount specified
4-18     by the commission agreement if:
4-19                 (1)  the broker has earned a commission under a
4-20     commission agreement signed by the prospective buyer of the
4-21     commercial real estate or the prospective buyer's authorized agent;
4-22     and
4-23                 (2)  a notice of lien is recorded and indexed as
4-24     provided by Section 62.024.
4-25           (c)  A broker has a lien on the leasehold interest in
4-26     commercial real estate of a prospective tenant in the amount
4-27     specified by the commission agreement if:
 5-1                 (1)  the broker has earned a commission under a
 5-2     commission agreement signed by the prospective tenant of the
 5-3     commercial real estate or the prospective tenant's authorized
 5-4     agent; and
 5-5                 (2)  a notice of lien is recorded and indexed as
 5-6     provided by Section 62.024.
 5-7           (d)  A lien described by this section is available only to
 5-8     the broker named in the commission agreement.  The lien is not
 5-9     available to an employee or independent contractor of the broker.
5-10           (e)  The broker's right to claim a lien based on the
5-11     commission agreement must be disclosed in the commission agreement.
5-12           Sec. 62.022.  WAIVER OR RELEASE AND DISCHARGE OF LIEN.  (a)
5-13     The waiver of a broker's entitlement to a lien under this chapter,
5-14     or the release of a lien given for the purpose of releasing a
5-15     broker's lien before the commission is satisfied or forgiven, is
5-16     void.
5-17           (b)  A lien under this chapter is discharged by:
5-18                 (1)  paying the commission to the broker named in the
5-19     commission agreement; or
5-20                 (2)  establishing an escrow account described by
5-21     Subchapter F.
5-22           Sec. 62.023.  AFFIDAVIT IDENTIFYING BROKER.  If requested by
5-23     the buyer, the buyer's authorized agent, or the escrow agent for
5-24     the commercial real estate transaction, the seller of commercial
5-25     real estate and the broker representing the seller shall provide to
5-26     the requesting party before the closing of the transaction a
5-27     written affidavit identifying each broker with whom the affiant
 6-1     knows or believes the seller or the seller's authorized agent has
 6-2     signed a commission agreement.
 6-3           Sec. 62.024.  FILING OF NOTICE OF LIEN.  (a)  A broker
 6-4     claiming a lien under this chapter may not file a notice of lien
 6-5     unless the commission on which the lien is based is earned.
 6-6           (b)  A broker claiming a lien under this chapter must file a
 6-7     notice of lien as provided by Subchapter C with the county clerk of
 6-8     the county in which the commercial real estate is located.
 6-9           (c)  The county clerk shall record the notice of lien in
6-10     records kept for that purpose and shall index and cross-index the
6-11     notice of lien in the names of the broker, each person obligated to
6-12     pay the commission under the commission agreement, and each owner
6-13     of the interest in the commercial real estate on which the lien is
6-14     claimed.
6-15           Sec. 62.025.  CONTENTS OF NOTICE OF LIEN.  The notice of lien
6-16     must be signed by the broker or by a person authorized to sign on
6-17     behalf of the broker and must contain the following:
6-18                 (1)  a sworn statement of the nature and amount of the
6-19     claim, including:
6-20                       (A)  the commission amount or the formula used to
6-21     determine the commission; and
6-22                       (B)  the type of commission at issue, including a
6-23     deferred commission;
6-24                 (2)  the name of the broker and the real estate license
6-25     number of the broker;
6-26                 (3)  the name as reflected in the broker's records of
6-27     any person who the broker believes is obligated to pay the
 7-1     commission under the commission agreement;
 7-2                 (4)  the name as reflected in the broker's records of
 7-3     any person the broker believes to be an owner of the interest in
 7-4     the real estate on which the lien is claimed;
 7-5                 (5)  a description legally sufficient for
 7-6     identification of the interest in the commercial real estate sought
 7-7     to be charged with the lien; and
 7-8                 (6)  a copy of the commission agreement.
 7-9           Sec. 62.026.  NOTICE OF FILING.  (a) In this section,
7-10     "business day" means a day other than a Saturday, Sunday, or
7-11     holiday recognized by this state.
7-12           (b)  Not later than one business day after the date the
7-13     broker files a notice of lien, the broker shall mail a copy of the
7-14     notice of lien by certified mail, return receipt requested, or
7-15     registered mail to:
7-16                 (1)  the owner of record of the interest in the
7-17     commercial real estate on which the lien is claimed or the owner's
7-18     authorized agent; and
7-19                 (2)  the prospective buyer or tenant and any escrow
7-20     agent named in a contract for the sale or lease of the interest in
7-21     the commercial real estate on which the lien is claimed if:
7-22                       (A)  a binding written contract for the sale or
7-23     lease of the interest in the commercial real estate is in effect
7-24     between the owner and the prospective buyer or tenant in a
7-25     transaction that is the basis for the commission; and
7-26                       (B)  the binding written contract was executed by
7-27     the owner and the prospective buyer or tenant before the date the
 8-1     notice of lien is filed.
 8-2           (c)  Service of the notice under Subsection (b) is complete
 8-3     when the notice is deposited in the United States mail, postage
 8-4     prepaid, and addressed to the persons entitled to receive the
 8-5     notice under this section.
 8-6           (d)  If the broker has actual knowledge of the identity of
 8-7     the escrow agent named in the contract for the sale or lease of the
 8-8     interest in the commercial real estate on which the broker claims a
 8-9     lien or of the escrow agent otherwise closing the sale or lease of
8-10     the interest in the commercial real estate, the broker, before the
8-11     first business day before the date that the sale or lease is
8-12     closed, shall deliver a file-stamped copy or transmit a facsimile
8-13     of a file-stamped copy of the notice of lien to each escrow agent
8-14     at the office in which the closing of the sale or lease will occur
8-15     for use during the closing of the sale or lease.  The broker shall
8-16     deliver the copy or transmit the facsimile directly to the
8-17     individual escrow agent responsible for closing the sale or lease
8-18     if the broker knows that person's name.
8-19           (e)  If the escrow agent receives the notice of lien, the
8-20     escrow agent and other parties to the sale or lease may not close
8-21     the transaction unless the lien is released or the funds are held
8-22     in escrow as provided by Subchapter F.
8-23           (f)  If the broker fails to comply with this section, the
8-24     notice of lien is void.
8-25           Sec. 62.027.  INCEPTION OF BROKER'S LIEN.  (a) A broker's
8-26     lien attaches to the interest in the commercial real estate owned
8-27     by the person obligated to pay the commission on the date the
 9-1     notice of lien is recorded as provided by this chapter.  The lien
 9-2     does not relate back to the date of the commission agreement.
 9-3           (b)  A notice of lien for amounts earned by the broker under
 9-4     an installment contract or under a commission agreement for a
 9-5     deferred commission is enforceable only to the extent that the
 9-6     installment or commission has become payable.
 9-7           Sec. 62.028.  PRIORITY.  (a)  A recorded lien, mortgage, or
 9-8     other encumbrance on commercial real estate, including a recorded
 9-9     lien securing revolving credit and future advances for a loan,
9-10     recorded before the date a broker's lien is recorded has priority
9-11     over the broker's lien.
9-12           (b)  A broker's lien on the interest in commercial real
9-13     estate of a person obligated to pay a commission is not valid or
9-14     enforceable against a grantee, buyer, lessee, or transferee of the
9-15     interest of the person obligated to pay the commission if the deed,
9-16     lease, or instrument transferring the interest is recorded before
9-17     the notice of the broker's lien is recorded.
9-18           (c)  A purchase-money mortgage lien executed by the buyer of
9-19     the interest in the commercial real estate has priority over a
9-20     broker's lien claimed against the prospective buyer for the
9-21     commission owed by that buyer.
9-22           (d)  A mechanic's lien that is recorded after a broker's lien
9-23     and that relates back to a date before the date the broker's lien
9-24     is recorded has priority over the broker's lien.
9-25           Sec. 62.029.  SUBORDINATION.  (a) If the person obligated to
9-26     pay the commission sells that person's interest in the commercial
9-27     real estate, the broker's lien is subordinate to a recorded
 10-1    purchase-money first lien authorized by the buyer if the buyer:
 10-2                (1)  executes and files with the county clerk of the
 10-3    county in which the broker's lien is filed a memorandum that
 10-4    evidences the buyer's ratification of the broker's lien and the
 10-5    buyer's assumption of the obligation to pay the broker the
 10-6    commission as provided by the commission agreement that is the
 10-7    basis for the lien; and
 10-8                (2)  sends the broker, by certified mail, return
 10-9    receipt requested, or registered mail, a copy of the recorded
10-10    memorandum required by this subsection.
10-11          (b)  If the person obligated to pay the commission refinances
10-12    a recorded first lien secured by that person's interest in the
10-13    commercial real estate, the broker's lien is subordinate to the
10-14    recorded refinanced first lien, regardless of the amount of the
10-15    first lien after refinancing, if the person obligated to pay the
10-16    commission:
10-17                (1)  executes and files with the county clerk of the
10-18    county in which the broker's lien is filed a memorandum that
10-19    evidences the person's ratification of the broker's lien and the
10-20    person's obligation to pay the broker the commission as provided by
10-21    the commission agreement that is the basis for the lien; and
10-22                (2)  sends the broker, by certified mail, return
10-23    receipt requested, or registered mail, a copy of the recorded
10-24    memorandum required by this subsection.
10-25          (c)  If the person obligated to pay the commission obtains an
10-26    extension of credit secured by that person's interest in the
10-27    commercial real estate, the broker's lien is subordinate to the
 11-1    lien securing the extension of credit if, according to the lien
 11-2    documents, the extension of credit is made only for the purpose of:
 11-3                (1)  repairing or renovating the commercial real
 11-4    estate; or
 11-5                (2)  completing construction or providing additional
 11-6    improvements on the commercial real estate.
 11-7          (d)  If the person obligated to pay the commission furnishes
 11-8    a subordination agreement as provided by this section to be
 11-9    executed by the broker, the broker must:
11-10                (1)  execute and acknowledge the subordination
11-11    agreement before a notary public; and
11-12                (2)  return the subordination agreement to the person
11-13    not later than the seventh day after the date the broker receives
11-14    the subordination agreement and other documents the broker
11-15    reasonably requests in order to determine that the subordination
11-16    agreement complies with this section.
11-17          Sec. 62.030.  MIXED-USE REAL ESTATE.  If real estate is zoned
11-18    or restricted for more than one use, the broker's lien attaches
11-19    only to the portions of the real estate that constitute commercial
11-20    real estate.
11-21          Sec. 62.031.  CHANGE IN USE OF REAL ESTATE.  (a) Except as
11-22    provided by Subsection (b), any change in the use of the real
11-23    estate does not affect a broker's lien if the notice of the lien
11-24    was filed when the real estate was commercial real estate.
11-25          (b)  The broker's lien is extinguished if:
11-26                (1)  not later than the 360th day after the date on
11-27    which the broker's commission is payable, the commercial real
 12-1    estate on which a broker claims a lien is zoned for single-family
 12-2    use or restricted for single-family use under recorded restrictive
 12-3    covenants; and
 12-4                (2)  the zoning ordinances or restrictive covenants for
 12-5    single-family use are in effect until at least the second
 12-6    anniversary of the date the commission is payable.
 12-7              (Sections 62.032-62.040 reserved for expansion)
 12-8               SUBCHAPTER C.  TIME FOR FILING NOTICE OF LIEN
 12-9          Sec. 62.041.  TIME TO FILE.  (a) If a broker has earned a
12-10    commission under a commission agreement signed by a seller or the
12-11    seller's authorized agent, a broker must record a notice of lien:
12-12                (1)  after the commission is earned; and
12-13                (2)  before the conveyance of the interest in the
12-14    commercial real estate on which the broker is claiming a lien.
12-15          (b)  If a broker has earned a commission under a commission
12-16    agreement signed by a prospective buyer or a prospective buyer's
12-17    authorized agent, the broker must record a notice of lien:
12-18                (1)  after the buyer acquires legal title to the
12-19    interest in the commercial real estate on which the broker is
12-20    claiming a lien; and
12-21                (2)  before the buyer conveys the buyer's interest in
12-22    the commercial real estate on which the broker is claiming a lien.
12-23          (c)  If the lien is based on a lease transaction, the broker
12-24    must record a notice of lien after the commission is earned and
12-25    before the earlier of:
12-26                (1)  the 91st day after the date the event for which
12-27    the commission becomes payable occurs; or
 13-1                (2)  the date the person obligated to pay the
 13-2    commission records a conveyance of that person's interest in the
 13-3    commercial real estate after executing the lease agreement relating
 13-4    to the lease transaction for which the lien is claimed.
 13-5          (d)  If a notice of lien is not filed within the time
 13-6    required by this section, the lien is void.
 13-7              (Sections 62.042-62.060 reserved for expansion)
 13-8                    SUBCHAPTER D.  ENFORCEMENT OF LIEN
 13-9          Sec. 62.061.  SUIT TO FORECLOSE LIEN.  (a) A broker may not
13-10    bring a suit to foreclose a lien under this chapter unless the
13-11    commission is earned and payable.  A broker may bring a suit to
13-12    foreclose a lien in any district court for the county in which the
13-13    commercial real estate is located by filing a sworn complaint
13-14    stating that the notice of lien has been recorded.
13-15          (b)  A complaint in a suit filed under this section must
13-16    contain:
13-17                (1)  a brief description of the commission agreement
13-18    that is the basis for the lien, including:
13-19                      (A)  a description of the disclosure of the
13-20    broker's right to the lien contained in the commission agreement;
13-21                      (B)  the date on which the commission agreement
13-22    was executed;
13-23                      (C)  the event for which a commission is
13-24    considered to be earned; and
13-25                      (D)  the event for which a commission is
13-26    considered to be payable;
13-27                (2)  a description of the services performed by the
 14-1    broker;
 14-2                (3)  the amount of the payable commission that is
 14-3    unpaid;
 14-4                (4)  a description of the commercial real estate to
 14-5    which the lien attaches; and
 14-6                (5)  other facts necessary for a full understanding of
 14-7    the rights of the parties.
 14-8          (c)  The broker must include as a defendant in a suit brought
 14-9    under this subchapter each person the broker believes to have an
14-10    interest in the commercial real estate that is subordinate to or
14-11    encumbered by the broker's lien.
14-12          (d)  If the broker and a person against whom the broker
14-13    claims a commission use alternative dispute resolution procedures
14-14    to resolve a dispute concerning entitlement to the broker's
14-15    commission, the broker's lien remains valid, and any suit to
14-16    foreclose the lien is stayed until the alternative dispute
14-17    resolution process is completed.
14-18          Sec. 62.062.  STATUTE OF LIMITATIONS.  (a) Except as provided
14-19    by this section, a broker claiming a lien under this chapter must
14-20    bring a suit to foreclose the lien on or before the second
14-21    anniversary of the date the notice of lien is recorded.
14-22          (b)  A broker claiming a lien to collect a deferred
14-23    commission must bring a suit to foreclose the lien on or before the
14-24    earlier of:
14-25                (1)  the second anniversary of the date on which the
14-26    commission is payable; or
14-27                (2)  the 10th anniversary of the date the lien is
 15-1    recorded or the 10th anniversary of the date the broker records a
 15-2    subsequent notice of the lien as a renewal of the broker's
 15-3    entitlement to the lien, whichever date is later.
 15-4          (c)  A renewal of a notice of lien must state that it is a
 15-5    renewal of the broker's lien and must be recorded after the ninth
 15-6    anniversary after the date the original notice of lien or last
 15-7    renewal notice is recorded and on or before the 10th anniversary of
 15-8    the date the original notice of lien or last renewal notice is
 15-9    recorded.
15-10          (d)  A broker claiming a lien for a commission that is
15-11    payable must bring a suit to foreclose the lien not later than the
15-12    30th day after the date the broker receives a written demand to
15-13    bring a suit to foreclose the lien from the owner of the interest
15-14    in the commercial real estate on which the lien is claimed.
15-15          (e)  If a suit to foreclose the lien is not brought within
15-16    the time required by this section, the lien is void.
15-17          Sec. 62.063.  ASSESSMENT OF COSTS, FEES, AND INTEREST.  The
15-18    prevailing party in a suit brought under this subchapter is
15-19    entitled to court costs, reasonable attorney's fees, and
15-20    prejudgment interest.
15-21              (Sections 62.064-62.080 reserved for expansion)
15-22                      SUBCHAPTER E.  RELEASE OF LIEN
15-23          Sec. 62.081.  RELEASE OF LIEN.  (a) When a debt that is the
15-24    basis for a lien under this chapter is satisfied, the broker shall,
15-25    not later than the fifth day after the date the broker receives a
15-26    written request from the owner of the interest in the commercial
15-27    real estate on which the lien is claimed, furnish to the owner a
 16-1    release of indebtedness and any lien claimed.
 16-2          (b)  When a condition occurs that would preclude the broker
 16-3    from receiving a commission under the terms of the commission
 16-4    agreement that is the basis for the lien, the broker shall, not
 16-5    later than the 10th day after the date the broker receives a
 16-6    written request from the owner of the interest in the commercial
 16-7    real estate on which the lien is claimed, furnish to the owner a
 16-8    release of indebtedness and any lien claimed.
 16-9          (c)  A release of lien must be in a form that permits the
16-10    instrument to be filed of record.
16-11              (Sections 62.082-62.100 reserved for expansion)
16-12                 SUBCHAPTER F.  ESCROW OF DISPUTED AMOUNTS
16-13          Sec. 62.101.  ESCROW ACCOUNT.  If a claim for a lien under a
16-14    recorded notice of lien is not paid or assumed at the closing of a
16-15    sale, lease, or mortgage of the commercial real estate subject to
16-16    the lien and would prevent the closing of the transaction or
16-17    conveyance, any person named in the notice of lien as obligated to
16-18    pay the commission shall, on the date of the closing:
16-19                (1)  establish an escrow account from the proceeds of
16-20    the transaction or conveyance in an amount sufficient to satisfy
16-21    the lien and related costs in an amount not less than 15 percent of
16-22    the amount of the lien for any interpleader action brought by the
16-23    person maintaining the escrow account; or
16-24                (2)  file a bond to indemnify against the lien as
16-25    provided by Subchapter G.
16-26          Sec. 62.102.  NAMED ESCROW AGENT.  If an escrow agent is
16-27    named in the contract on which the transaction or conveyance is
 17-1    based, the escrow account shall be established with the named
 17-2    escrow agent.
 17-3          Sec. 62.103.  COSTS OF INTERPLEADER.  Related costs for any
 17-4    interpleader action may be deducted from the escrow account by the
 17-5    person maintaining the escrow account.
 17-6          Sec. 62.104.  REFUSAL TO ESTABLISH AN ESCROW ACCOUNT.  A
 17-7    party may not refuse to close a transaction because of the
 17-8    requirement to establish an escrow account as provided by this
 17-9    section if:
17-10                (1)  the broker provides a copy of the notice of lien
17-11    that complies with Section 62.026;
17-12                (2)  sufficient proceeds will result from the proposed
17-13    transaction for the payment of the commission and costs of the
17-14    interpleader; and
17-15                (3)  the broker executes and delivers a full  release
17-16    of the broker's lien in a recordable form.
17-17          Sec. 62.105.  TERM OF ESCROW ACCOUNT.  The amount held in
17-18    escrow shall be held in escrow until:
17-19                (1)  the rights of the parties claiming the amount in
17-20    escrow are determined by a written agreement of the parties, a
17-21    court order, or an alternative dispute resolution process agreed to
17-22    by the parties;
17-23                (2)  the broker's lien is no longer enforceable; or
17-24                (3)  the funds are interpled into a district court for
17-25    the county in which the commercial real estate is located.
17-26          Sec. 62.106.  EXTINGUISHMENT OF LIEN UPON ESCROW.  When the
17-27    escrow account is established under this section, the broker's lien
 18-1    against the commercial real estate is extinguished and becomes a
 18-2    lien on the proceeds in the escrow account.
 18-3              (Sections 62.107-62.120 reserved for expansion)
 18-4               SUBCHAPTER G.  BOND TO INDEMNIFY AGAINST LIEN
 18-5          Sec. 62.121.  BOND.  (a)  If a lien is fixed or is attempted
 18-6    to be fixed by a recorded instrument under this chapter,  any
 18-7    person may file a bond to indemnify against the lien.
 18-8          (b)  The bond shall be filed with the county clerk of the
 18-9    county in which the commercial real estate subject to the lien is
18-10    located.
18-11          Sec. 62.122.  BOND REQUIREMENTS.  The bond must:
18-12                (1)  describe the commercial real estate on which the
18-13    lien is claimed;
18-14                (2)  refer to the lien claimed in a manner sufficient
18-15    to identify it;
18-16                (3)  be in an amount that is double the amount of the
18-17    lien referred to in the bond as of the date of execution of the
18-18    bond by the surety, unless the total amount claimed in the lien
18-19    exceeds $40,000, in which case the bond must be in an amount that
18-20    is 1-1/2 times the amount of the lien;
18-21                (4)  be payable to the party claiming the lien;
18-22                (5)  be executed by:
18-23                      (A)  the party filing the bond as principal; and
18-24                      (B)  a corporate surety licensed by this state to
18-25    execute the bond as surety;
18-26                (6)  be conditioned substantially that the principal
18-27    and sureties will pay the named obligees or their assignees the
 19-1    amount that the named obligees would have been entitled to recover
 19-2    if their claim had been proved to be valid and enforceable liens on
 19-3    the commercial real estate; and
 19-4                (7)  identify the last known mailing address of the
 19-5    person claiming the lien.
 19-6          Sec. 62.123.  NOTICE OF BOND.  (a) After the bond is filed,
 19-7    the county clerk shall issue notice of the bond to all named
 19-8    obligees.
 19-9          (b)  A copy of the bond must be attached to the notice.
19-10          (c)  The notice must be served on each obligee by mailing a
19-11    copy of the notice and the bond to the obligee by certified mail,
19-12    return receipt requested, addressed to the claimant at the address
19-13    stated in the bond for the obligee.
19-14          Sec. 62.124.  RECORDING OF BOND AND NOTICE.  (a)  The county
19-15    clerk shall record the bond, the notice, and a certificate of
19-16    mailing in the real property records.
19-17          (b)  In acquiring an interest in or insuring title to the
19-18    commercial real estate, a buyer, insurer of title, or lender may
19-19    rely on and is absolutely protected by the record of the bond and
19-20    the notice to the same extent as if the lien claimant had filed a
19-21    release of lien in the real property records.
19-22          Sec. 62.125.  ACTION ON BOND.  (a) A party making or holding
19-23    a lien claim may not sue on the bond later than the last date on
19-24    which a person may bring a suit to foreclose the lien under Section
19-25    62.062.
19-26          (b)  The bond is not exhausted by one action against it.
19-27    Each named obligee or assignee of an obligee may maintain a
 20-1    separate suit on the bond in any district court for the county in
 20-2    which the commercial real estate is located.
 20-3          SECTION 2.  This Act takes effect September 1, 1999.  The
 20-4    change in law made by this Act applies only to an agreement to
 20-5    compensate a licensed real estate broker that is entered into on or
 20-6    after the effective date of this Act.