By:  Wentworth                                        S.B. No. 1269
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to mechanic's, contractor's, and materialman's liens.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 1(c), Chapter 87, Acts of the 56th
 1-4     Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas
 1-5     Insurance Code), is amended to read as follows:
 1-6           (c)  A bond that is made, given, tendered, or filed under
 1-7     Chapter 53 or 62, Property Code, or Chapter 2253, Government Code,
 1-8     may be executed only by a surety company that is authorized and
 1-9     admitted to write surety bonds in this state.  If the amount of the
1-10     bond exceeds $100,000, the surety must also:
1-11                 (1)  hold a certificate of authority from the United
1-12     States secretary of the treasury to qualify as a surety on
1-13     obligations permitted or required under federal law; or
1-14                 (2)  have obtained reinsurance for any liability in
1-15     excess of $100,000 from a reinsurer that is authorized and admitted
1-16     as a reinsurer in this state and is the holder of a certificate of
1-17     authority from the United States secretary of the treasury to
1-18     qualify as a surety or reinsurer on obligations permitted or
1-19     required under federal law.
1-20           SECTION 2.  Section 28.007(b), Property Code, is amended to
1-21     read as follows:
1-22           (b)  Nothing in this statute shall be interpreted to change
 2-1     the rights and obligations set forth in Chapter 53 or 62, Property
 2-2     Code.
 2-3           SECTION 3.  The heading of Chapter 53, Property Code, is
 2-4     amended to read as follows:
 2-5        CHAPTER 53.  MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN
 2-6                           ON RESIDENTIAL PROPERTY
 2-7           SECTION 4.  Sections 53.001(8) and (9), Property Code, are
 2-8     amended to read as follows:
 2-9                 (8)  "Residence" means a single-family house, duplex,
2-10     triplex, or quadruplex or a unit in a multiunit structure used for
2-11     residential purposes that is[:]
2-12                       [(A)]  owned by one or more adult persons[;] and
2-13                       [(B)]  used or intended to be used as a dwelling
2-14     by one of the owners.  The term includes a new structure described
2-15     by this subdivision that is under construction to be sold and used
2-16     for the purposes described by this subdivision.
2-17                 (9)  "Residential construction contract" means a
2-18     contract between an owner and a contractor in which the contractor
2-19     agrees to [construct or] repair the owner's residence or construct
2-20     or repair[, including] improvements appurtenant to the residence.
2-21           SECTION 5.  Subchapter A, Chapter 53, Property Code, is
2-22     amended by adding Section 53.004 to read as follows:
2-23           Sec. 53.004.  APPLICABILITY.  This chapter applies only to
2-24     real property on which a residence is located.
2-25           SECTION 6.  Section 53.021(a), Property Code, is amended to
2-26     read as follows:
 3-1           (a)  A person has a lien if:
 3-2                 (1)  the person labors, specially fabricates material,
 3-3     or furnishes labor or materials for construction or repair in this
 3-4     state of a residence or any improvements appurtenant to a
 3-5     residence[:]
 3-6                       [(A)  a house, building, or improvement;]
 3-7                       [(B)  a levee or embankment to be erected for the
 3-8     reclamation of overflow land along a river or creek; or]
 3-9                       [(C)  a railroad]; and
3-10                 (2)  the person labors, specially fabricates the
3-11     material, or furnishes the labor or materials under or by virtue of
3-12     a contract with the owner or the owner's agent, trustee, receiver,
3-13     contractor, or subcontractor.
3-14           SECTION 7.  Sections 53.022(a), (c), and (d), Property Code,
3-15     are amended to read as follows:
3-16           (a)  The lien extends to the residence or any improvements
3-17     appurtenant to the residence [house, building, fixtures, or
3-18     improvements, the land reclaimed from overflow, or the railroad and
3-19     all of its properties, and to each lot of land necessarily
3-20     connected or reclaimed].
3-21           (c)  A lien against land in a municipality [city, town, or
3-22     village] extends to each lot on which:
3-23                 (1)  the residence [house, building, or improvement] is
3-24     situated;
3-25                 (2)  any improvements appurtenant to the residence are
3-26     situated; or
 4-1                 (3)  [on which] the labor was performed.
 4-2           (d)  A lien against land not in a municipality [city, town,
 4-3     or village] extends to not more than 50 acres on which:
 4-4                 (1)  the residence [house, building, or improvement] is
 4-5     situated;
 4-6                 (2)  any improvements appurtenant to the residence are
 4-7     situated; or
 4-8                 (3)  [on which] the labor was performed.
 4-9           SECTION 8.  Section 53.052(a), Property Code, is amended to
4-10     read as follows:
4-11           (a)  Except as provided by Subsection (b), the person
4-12     claiming the lien must file an affidavit with the county clerk of
4-13     the county in which the property is located [or into which the
4-14     railroad extends] not later than the 15th day of the fourth
4-15     calendar month after the day on which the indebtedness accrues.
4-16           SECTION 9.  Section 53.123(a), Property Code, is amended to
4-17     read as follows:
4-18           (a)  Except as provided by this section, a mechanic's lien
4-19     attaches to the residence or any improvements appurtenant to the
4-20     residence [house, building, improvements, or railroad property] in
4-21     preference to any prior lien, encumbrance, or mortgage on the land
4-22     on which it is located, and the person enforcing the lien may have
4-23     the residence or any improvements appurtenant to the residence
4-24     [house, building, improvement, or any piece of the railroad
4-25     property] sold separately.
4-26           SECTION 10.  Section 53.155, Property Code, is amended to
 5-1     read as follows:
 5-2           Sec. 53.155.  TRANSFER OF PROPERTY SOLD.  If the residence is
 5-3     or any improvements appurtenant to the residence are [house,
 5-4     building, improvement, or any piece of railroad property is] sold
 5-5     separately, the officer making the sale shall place the purchaser
 5-6     in possession.  The purchaser is entitled to a reasonable time
 5-7     after the date of purchase within which to remove the purchased
 5-8     property.
 5-9           SECTION 11.  Subtitle B, Title 5, Property Code, is amended
5-10     by adding Chapter 62 to read as follows:
5-11           CHAPTER 62.  MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S
5-12                       LIEN ON NONRESIDENTIAL PROPERTY
5-13                      SUBCHAPTER A.  GENERAL PROVISIONS
5-14           Sec. 62.001.  DEFINITIONS.  In this chapter:
5-15                 (1)  "Construction lender" means any mortgagee or
5-16     beneficiary under a deed of trust, including an assignee or
5-17     successor in interest of a mortgagee or beneficiary, who lends
5-18     funds for the cost of the construction, alteration, or repair of an
5-19     improvement.
5-20                 (2)  "Contract price" means the cost to the owner for
5-21     any part of construction or repair performed under an original
5-22     contract.
5-23                 (3)  "Improvement" includes:
5-24                       (A)  abutting sidewalks and streets and utilities
5-25     in or on those sidewalks and streets;
5-26                       (B)  clearing, grubbing, draining, or fencing of
 6-1     land;
 6-2                       (C)  wells, cisterns, tanks, reservoirs, or
 6-3     artificial lakes or pools made for supplying or storing water;
 6-4                       (D)  pumps, siphons, and windmills or other
 6-5     machinery or apparatuses used for raising water for stock, domestic
 6-6     use, or irrigation; and
 6-7                       (E)  planting orchard trees, grubbing out
 6-8     orchards and replacing trees, and pruning of orchard trees.
 6-9                 (4)  "Labor" means labor used in the direct prosecution
6-10     of the work.
6-11                 (5)  "Material" means all or part of:
6-12                       (A)  the material, machinery, equipment,
6-13     fixtures, or tools incorporated into the work, consumed in the
6-14     direct prosecution of the work, or ordered and delivered for
6-15     incorporation or consumption;
6-16                       (B)  rent at a reasonable rate and actual running
6-17     repairs at a reasonable cost for construction equipment  used  or
6-18     reasonably required and delivered for use in the direct prosecution
6-19     of the work at the site of the construction or repair; or
6-20                       (C)  power, water, fuel, and lubricants consumed
6-21     or ordered and delivered for consumption in the direct prosecution
6-22     of the work.
6-23                 (6)  "Mechanic's lien" means the lien provided by this
6-24     chapter.
6-25                 (7)  "Original contract" means an agreement to which an
6-26     owner is a party either directly or by implication of law.
 7-1                 (8)  "Original contractor" means a person contracting
 7-2     with an owner either directly or through the owner's agent.
 7-3                 (9)  "Owner" means a person, including a person's
 7-4     successor in interest, who contracts for a building, structure, or
 7-5     improvement to be constructed, altered, or repaired, whether the
 7-6     interest or estate of the person is in fee simple or as a vendee
 7-7     under a contract to purchase, as a lessee, or under another
 7-8     interest or estate less than fee simple.  If an interest or estate
 7-9     in property is owned by two or more persons as community property
7-10     or is held by joint tenants or tenants-in-common, each person is
7-11     considered the owner.
7-12                 (10)  "Professional services" are the services
7-13     described by Title 10A, 52A, or 86, Revised Statutes, and performed
7-14     by a person registered or licensed under Title 10A, 52A, or 86,
7-15     Revised Statutes.
7-16                 (11)  "Residence" means a single-family house, duplex,
7-17     triplex, or quadruplex or a unit in a multiunit structure used for
7-18     residential purposes that is owned by one or more adult persons and
7-19     used or intended to be used as a dwelling by one of the owners.
7-20     The term includes a new structure described by this subdivision
7-21     that is under construction to be sold and used for the purposes
7-22     described by this subdivision.
7-23                 (12)  "Specially fabricated material" means material
7-24     fabricated for use as a component of the construction or repair so
7-25     as to be reasonably unsuitable for use elsewhere.
7-26                 (13)  "Subcontractor" means a person who has furnished
 8-1     labor or materials to fulfill an obligation to an original
 8-2     contractor or to a subcontractor to perform all or part of the work
 8-3     required by an original contract.
 8-4                 (14)  "Work" means any part of construction or repair
 8-5     performed under an original contract.
 8-6           Sec. 62.002.  APPLICABILITY.  This chapter applies to all
 8-7     real property that is not residential property covered by Chapter
 8-8     53.
 8-9           Sec. 62.003.  SUBSTANTIAL COMPLIANCE SUFFICIENT.  This
8-10     chapter shall be liberally construed to promote the beneficial
8-11     interests and purposes of this chapter.  Substantial compliance
8-12     with this chapter is sufficient to establish the validity of a lien
8-13     and to confer jurisdiction on the courts to enforce this chapter.
8-14           Sec. 62.004.  NOTICES.  (a)  This section applies to notices
8-15     required by this chapter.
8-16           (b)  Any notice or other written communication may be
8-17     delivered in person to the party entitled to receive the notice or
8-18     to that party's agent, regardless of the manner prescribed by law.
8-19           (c)  If notice is sent by registered or certified mail,
8-20     addressed to the person entitled to receive the notice at the
8-21     person's residence or business address, deposit or mailing of the
8-22     notice in the United States mail in the form required constitutes
8-23     compliance with the notice requirement.
8-24           (d)  If notice is personally delivered to the person entitled
8-25     to receive the notice, the notice may be delivered by a private
8-26     delivery company.  Delivery under this subsection is complete at
 9-1     the time the person receives the notice.
 9-2           (e)  If a written notice is received by the person entitled
 9-3     to receive it, the method by which the notice is delivered is
 9-4     immaterial.
 9-5           (f)  All notices shall be mailed or delivered prepaid.
 9-6           Sec. 62.005.  MORE THAN ONE ORIGINAL CONTRACTOR; ORIGINAL
 9-7     CONTRACT.  (a)  On any work there may be more than one original
 9-8     contractor for purposes of this chapter.
 9-9           (b)  This chapter does not affect the terms of a contract
9-10     between the owner and the original contractor relating to the
9-11     amount, manner, or time of payment of the contract price.
9-12           Sec. 62.006.  OWNER'S LIABILITY.  (a)  An owner is liable for
9-13     payment in full for all labor, materials, or professional services
9-14     furnished or to be furnished for the owner's property.
9-15           (b)  A claimant may establish and foreclose a lien under this
9-16     chapter for unpaid labor, materials, or professional services as
9-17     provided by this chapter.
9-18           Sec. 62.007.  AGENT.  A person who is, in whole or in part,
9-19     in charge or control of contracting for the construction,
9-20     alteration, or repair of any building, structure, or improvement is
9-21     the agent of the owner for the purposes of this chapter, and the
9-22     owner is liable for the reasonable value of labor or materials
9-23     furnished to the owner's agent.
9-24           Sec. 62.008.  ATTORNEY'S FEES.  In any action brought under
9-25     this chapter, the court shall award costs, any interest provided
9-26     for by law, and reasonable attorney's fees.
 10-1              (Sections 62.009-62.020 reserved for expansion
 10-2                   SUBCHAPTER B.  NOTICE OF COMMENCEMENT
 10-3          Sec. 62.021.  NOTICE OF COMMENCEMENT.  (a)  Except for an
 10-4    original contract for the construction of a house, building,
 10-5    structure, or improvement that exceeds $5,000, an owner or the
 10-6    owner's authorized agent shall:
 10-7                (1)  record a notice of commencement in the office of
 10-8    the county clerk of the county in which the property is located;
 10-9    and
10-10                (2)  post a certified copy of the notice or a notarized
10-11    document stating that the notice has been filed with a copy of the
10-12    notice attached.
10-13          (b)  The notice of commencement must be recorded and posted
10-14    as required by Subsection (a) before work commences or before work
10-15    commences to complete any improvement after a default, termination,
10-16    abandonment, or cessation of work.  This requirement applies
10-17    regardless of whether a project is covered by a payment bond that
10-18    complies with this chapter.
10-19          (c)  The notice of commencement must contain the following
10-20    information:
10-21                (1)  a legal description of the property and the street
10-22    address of the property or, if no street address is available,
10-23    additional information sufficient to describe the physical location
10-24    of the property;
10-25                (2)  a general description of the improvement;
10-26                (3)  the name and address of the owner and a
 11-1    description of the owner's interest in the property;
 11-2                (4)  the name and address of the person who owns fee
 11-3    simple title to the property, if different from the owner;
 11-4                (5)  the name and address of the contractor;
 11-5                (6)  the name and address of the surety on the payment
 11-6    bond established under this chapter, if any, and the amount of the
 11-7    bond;
 11-8                (7)  the name and address of any person making a loan
 11-9    for the construction of the improvements; and
11-10                (8)  the name and address of a person in this state,
11-11    other than the owner, who is designated by the owner as the person
11-12    on whom notices or other documents may be served under this
11-13    chapter.
11-14          (d)  If the owner designates another person on whom notices
11-15    or other documents may be served, the failure by a claimant to
11-16    serve a notice or document on the person designated does not
11-17    invalidate an otherwise valid notice or lien.
11-18          (e)  If the contract between the owner and a contractor named
11-19    in the notice of commencement provides for a period for completion
11-20    of the construction of the improvement that is longer than one
11-21    year, the notice of commencement must state that the notice is
11-22    effective for the applicable period.
11-23          (f)  A notice of commencement must read substantially similar
11-24    to the following:
11-25          Permit No. _____
11-26          Issued by ______
 12-1                          NOTICE OF COMMENCEMENT
 12-2          State of Texas
 12-3          County of _________________
 12-4                The undersigned hereby gives notice that
 12-5          improvements will be made to certain real property, and
 12-6          in accordance with Chapter 62, Property Code, the
 12-7          following information is provided in this notice of
 12-8          commencement.
 12-9                1.  Description of property _____________________
12-10                2.  General description of improvement___________
12-11                _________________________________________________
12-12                3.  Owner information:
12-13                      a.  Name and address ______________________
12-14                      b.  Interest in property __________________
12-15                          _______________________________________
12-16                      c.  Name and address of person who owns fee
12-17                          simple title (if other than owner)
12-18                          _______________________________________
12-19                4.  Contractor:
12-20                      a.  Name and address ______________________
12-21                          _______________________________________
12-22                      b.  Phone number __________________________
12-23                      c.  Fax number ____________________________
12-24                          (optional, if service by fax is
12-25                          acceptable)
12-26                5.  Surety:
 13-1                      a.  Name and address ______________________
 13-2                          _______________________________________
 13-3                      b.  Phone number __________________________
 13-4                      c.  Fax number ____________________________
 13-5                          (optional, if service by fax is
 13-6                          acceptable)
 13-7                      d.  Amount of bond $_______________________
 13-8                6.  Lender:
 13-9                      a.  Name and address ______________________
13-10                          _______________________________________
13-11                      b.  Phone number __________________________
13-12                      c.  Fax number ____________________________
13-13                          (optional, if service by fax is
13-14                          acceptable)
13-15                7.  Each person in this state designated by owner
13-16                      for service of notices or other documents:
13-17                      a.  Name and address ______________________
13-18                          _______________________________________
13-19                      b.  Phone number __________________________
13-20                      c.  Fax number ____________________________
13-21                          (optional, if service by fax is
13-22                          acceptable)
13-23                8.  Expiration  date  of  notice  of commencement
13-24                _________________________________________________
13-25                ____________________________ (Signature of owner)
13-26                Sworn to and subscribed before me this ______ day
 14-1          of ____, (year) by ___________________________ (name of
 14-2          person making statement).
 14-3                ____________________________ (Signature  and seal
 14-4          of Notary Public--State of Texas)
 14-5          (g)  A copy of any bond provided must be attached at the time
 14-6    the notice of commencement is filed.
 14-7          (h)  The notice of commencement is effective on the date the
 14-8    notice is filed in the county clerk's office as provided by this
 14-9    section.
14-10          (i)  The owner must sign the notice of commencement.  The
14-11    owner may not authorize another person to sign on the owner's
14-12    behalf.
14-13          Sec. 62.022.  FAILURE TO BEGIN WORK.  If the construction,
14-14    alteration, or repair of the improvement described in the notice of
14-15    commencement does not begin within 90 days after the date the
14-16    notice is recorded, the notice is void.
14-17          Sec. 62.023.  NOTICE OF COMMENCEMENT NOT A LIEN.  The
14-18    recording or posting of a notice of commencement does not
14-19    constitute a lien or encumbrance on real property.  The notice of
14-20    commencement provides constructive notice that a claim for a lien
14-21    under this chapter may be recorded and may take priority over other
14-22    liens as provided by this chapter.
14-23          Sec. 62.024.  EXPIRATION.  Unless otherwise provided in the
14-24    notice of commencement, including an amended notice of
14-25    commencement, a notice of commencement is not effective after the
14-26    first anniversary of the date the notice of commencement is
 15-1    recorded against:
 15-2                (1)  a conveyance, transfer, or mortgage of or lien on
 15-3    the real property described in the notice; or
 15-4                (2)  a creditor or subsequent purchaser for a valuable
 15-5    consideration.
 15-6          Sec. 62.025.  LENDER'S OBLIGATION.  (a)  Before disbursing
 15-7    any construction funds to an owner or contractor, a construction
 15-8    lender must record the notice of commencement in the office of the
 15-9    county clerk of the county in which the property is located if the
15-10    owner has not filed the notice of commencement as required by
15-11    Section 62.021.  The construction lender is not required to post a
15-12    certified copy of the notice at the construction site.
15-13          (b)  If a construction lender fails to record the notice of
15-14    commencement as required by this section, the lender is liable to
15-15    the owner for all damages sustained by the owner as a result of the
15-16    failure to record the notice.
15-17          (c)  A construction lender who records a notice of
15-18    commencement shall designate itself, in addition to others, as a
15-19    party entitled to receive copies of notices required to be provided
15-20    to the owner.
15-21          (d)  This section does not give any person other than the
15-22    owner a claim or right of action against a construction lender for
15-23    failure to record a notice of commencement.
15-24              (Sections 62.026-62.050 reserved for expansion
15-25                 SUBCHAPTER C.  PRELIMINARY 45-DAY NOTICE
15-26          Sec. 62.051.  PRELIMINARY 45-DAY NOTICE.  (a)  Except for a
 16-1    person performing labor for wages, each person who furnishes labor,
 16-2    materials, or professional services for which a lien may be claimed
 16-3    under this chapter shall provide the owner or reputed owner, the
 16-4    original contractor or reputed contractor, the construction lender,
 16-5    if any, or reputed construction lender, if any, and the person with
 16-6    whom the claimant has contracted for the purchase of the labor,
 16-7    materials, or professional services with a written preliminary
 16-8    45-day notice as prescribed by this section.  A lien is not valid
 16-9    unless the notice prescribed by this section is provided.
16-10          (b)  A person claiming  a lien under this chapter shall
16-11    provide the preliminary 45-day notice not later than the 45th day
16-12    after the date the claimant first furnishes labor, materials, or
16-13    professional services to the property.  The notice may be provided
16-14    before the date the claimant first furnishes labor, materials, or
16-15    professional services.
16-16          (c)  The notice must contain the following information:
16-17                (1)  a general description of the labor, materials, or
16-18    professional services furnished or to be furnished;
16-19                (2)  an estimate of the total price for the labor,
16-20    materials, or professional services;
16-21                (3)  the name and address of the person furnishing the
16-22    labor, materials, or professional services;
16-23                (4)  the name of the person who contracted for the
16-24    purchase of the labor, materials, or professional services;
16-25                (5)  the contract price or, if the contract is not for
16-26    a set amount, a description of the mechanism described by the
 17-1    contract to determine the amount to be paid under the contract;
 17-2                (6)  a description of the property sufficient to
 17-3    identify the property, including a legal description, subdivision
 17-4    plat, or street address; and
 17-5                (7)  the disclosures as provided by Subsection (d).
 17-6          (d)  The preliminary 45-day notice must read substantially
 17-7    similar to the following:
 17-8                      PRELIMINARY 45-DAY LIEN NOTICE
 17-9                In accordance with Chapter 62, Property Code,
17-10          this notice is not a lien and is not a reflection on
17-11          the integrity of any contractor or subcontractor.
17-12                This   preliminary    lien   notice    has    been
17-13          completed   by   (name   and   address    of   claimant)
17-14                __________________________________________________
17-15                Date _____________________________________________
17-16                By _______________________________________________
17-17                Address _________________________________________
17-18                The  name  and  address  of  the owner or reputed
17-19          owner is ______________________________________________
17-20                The name and address of the original contractor
17-21          is ____________________________________________________
17-22                You are hereby notified that the claimant has
17-23          furnished or will furnish labor, materials, or
17-24          professional services of the following general
17-25          description: __________________________________________
17-26                The    name    and    address    of    any
 18-1          lender  or reputed lender,  including   an   assignee,
 18-2          is ____________________________________________________
 18-3                The  construction,  alteration,  or  repair  is
 18-4          or will  be  provided for  the building,  structure, or
 18-5          improvement  located  at ___________________________
 18-6          and    situated   on    the   real   property  located
 18-7          in ______________ County, Texas, described as  follows:
 18-8          _______________________________________________________
 18-9                The    name    and    address    of   the
18-10          person  with   whom   the  claimant  has  contracted
18-11          is ____________________________________________________
18-12                Check all applicable:
18-13                (____)  The contract is for a fixed estimated
18-14          amount and the estimate of the total price of the
18-15          labor, materials, or professional services, or tools
18-16          furnished or to be furnished, is $______________.
18-17                (____)  The contract is for a variable amount or
18-18          it is for a fixed and variable amount.  The variable
18-19          amount  is  computed  based  on  the following
18-20          mechanism: ______________________________.  As of this
18-21          date, the estimated amount for purposes of this notice
18-22          is $_________, but this amount may change.
18-23                (The following statement must be printed in
18-24                         10-point boldfaced type.)
18-25                         NOTICE TO PROPERTY OWNER
18-26                If bills are not paid in full for the labor,
 19-1          materials, or professional services furnished, or to be
 19-2          furnished, the person to whom payment is owed may claim
 19-3          a mechanic's lien against all or part of your property
 19-4          and is entitled to foreclose on all or part of your
 19-5          property to recover the amount due.  To protect
 19-6          yourself against this consequence you should:
 19-7                1.  require your contractor to furnish a
 19-8          conditional waiver and release as provided by Chapter
 19-9          62, Property Code, signed by the person giving you this
19-10          notice before you make any payment to your contractor.
19-11                2.  require your contractor to furnish an
19-12          unconditional waiver and release as provided by Chapter
19-13          62, Property Code, signed by the person giving you this
19-14          notice after you make a payment to your contractor.
19-15                3.  use any similar method or device that is
19-16          appropriate under the circumstances.
19-17                (The following language must be printed in a type
19-18          at least as large as the largest type used in the
19-19          document:)
19-20                Not later than the 10th day after the date this
19-21          preliminary 45-day notice is received by the owner or
19-22          other interested party, the recipient shall:
19-23                      (1)  furnish all information necessary to
19-24          correct any inaccuracies in the notice or forfeit the
19-25          right to claim any inaccuracy of that information as a
19-26          defense to a claim under this chapter; and
 20-1                      (2)  provide to the person who has given
 20-2          the preliminary 45-day notice a copy of the payment
 20-3          bond, if any payment bond has been recorded in
 20-4          compliance with Chapter 62, Property Code, including
 20-5          the name and address of the surety company and bonding
 20-6          agent providing the payment bond.
 20-7                If the owner or other interested party fails to
 20-8          provide the bond information within the 10-day period,
 20-9          the claimant shall retain any rights that the claimant
20-10          would be precluded or prejudiced from asserting in a
20-11          claim against the bond if the loss of the right is a
20-12          direct result of the owner's or other interested
20-13          party's failure to provide the bond information.
20-14                Date __________________________
20-15                _______________________________ (Company name)
20-16                By ____________________________ (Signature)
20-17                _______________________________ (Title)
20-18                       Acknowledgment of receipt of
20-19                         preliminary 45-day notice
20-20                This acknowledges receipt on _________________
20-21          (insert date) of a copy of the preliminary 45-day
20-22          notice at ______________________ (insert address).
20-23                Date ____________ (Date this acknowledgment is
20-24          executed)
20-25                ___________________________________ (Signature of
20-26          person acknowledging receipt, with title if
 21-1          acknowledgment is made on behalf of another person)
 21-2          Sec. 62.052.  ADDITIONAL OR AMENDED PRELIMINARY 45-DAY
 21-3    NOTICE.  (a)  If labor, materials, or professional services are
 21-4    furnished to property by a person who does not provide a
 21-5    preliminary 45-day notice as required by Section 62.051, the person
 21-6    is not precluded from giving a preliminary 45-day notice as
 21-7    prescribed by this subchapter after furnishing additional labor,
 21-8    materials, or professional services to the property.  The person
 21-9    may claim a lien only for the labor, materials, or professional
21-10    services furnished during the 45 days before the date the notice is
21-11    provided.
21-12          (b)  A person required by this subchapter to give notice to
21-13    the owner, to an original contractor, to the construction lender,
21-14    if any, and to the person with whom the claimant has contracted is
21-15    required to provide the notice only once to the owner, to the
21-16    original contractor, to the construction lender, if any, and to the
21-17    person with whom the claimant has contracted with respect to all
21-18    labor, materials, or professional services furnished or to be
21-19    furnished for the building, structure, or improvement, unless the
21-20    total price for the labor, materials, or professional services
21-21    furnished or to be furnished exceeds by 30 percent or more the
21-22    estimated total price in the preliminary 45-day notice.  If the
21-23    total price for the labor, materials, or professional services
21-24    exceeds by 30 percent or more the estimated total price in the
21-25    preliminary 45-day notice and the labor, materials, or professional
21-26    services are furnished under multiple contracts with multiple
 22-1    subcontractors, the person required to give a preliminary 45-day
 22-2    notice is not required to provide additional notice.
 22-3          (c)  If a notice contains a general description of the labor,
 22-4    materials, or professional services furnished up to the date of
 22-5    notice as required by Section 62.051(c), the notice is not
 22-6    defective because, after the date of the notice, the person giving
 22-7    notice furnishes labor, materials, or professional services that
 22-8    are not within the scope of the general description or the total
 22-9    price of which exceeds by no more than 30 percent the estimated
22-10    total price in the notice.  If a person giving the notice furnishes
22-11    or expects to furnish labor, materials, or professional services
22-12    the total price of which exceeds by more than 30 percent the
22-13    estimated total price in the original notice, the person shall give
22-14    an additional or amended notice for the labor, materials, or
22-15    professional services furnished or to be furnished.  The failure to
22-16    give an additional or amended notice does not invalidate any
22-17    previous notice.
22-18          Sec. 62.053.  OBLIGATION TO PROVIDE INFORMATION.  (a)  A
22-19    person or the person's agent who intends to file a preliminary
22-20    45-day notice may request information relating to the property from
22-21    the owner, contractor, construction lender, or other interested
22-22    party.  The request must identify the person requesting the
22-23    information, the person's address, the property, and the general
22-24    nature of the person's labor, materials, or professional services
22-25    to which the preliminary 45-day notice applies.
22-26          (b)  Not later than the 10th day after the date the owner,
 23-1    contractor, construction lender, or other interested party receives
 23-2    a request for information under this section or receives a
 23-3    preliminary 45-day notice, the recipient shall furnish the person
 23-4    requesting the information or providing the notice a written
 23-5    statement containing the following information:
 23-6                (1)  a description of the property sufficient to
 23-7    identify the property, including a legal description, subdivision
 23-8    plat, or street address;
 23-9                (2)  the name and address of the owner or reputed
23-10    owner;
23-11                (3)  the name and address of the original contractor or
23-12    reputed contractor;
23-13                (4)  the name and address of the construction lender,
23-14    if any, or reputed construction lender; and
23-15                (5)  if any payment bond has been recorded under this
23-16    chapter, a copy of the bond and the name and address of the surety
23-17    company and bonding agent, if any, providing the payment bond.
23-18          (c)  Failure of the owner, contractor, construction lender,
23-19    or other interested party to furnish the information required by
23-20    this section does not excuse any claimant from timely providing a
23-21    preliminary 45-day notice.
23-22          (d)  An owner, contractor, construction lender, or other
23-23    interested party who fails to provide information as required by
23-24    this section may not raise as a defense to a claim any inaccuracy
23-25    of the information in a preliminary 45-day notice that would have
23-26    been accurate if the information had been provided.
 24-1          Sec. 62.054.  OBLIGATION TO CORRECT INFORMATION.  (a)  If the
 24-2    information is received by the claimant after the claimant has
 24-3    given a preliminary 45-day notice and the information contained in
 24-4    the preliminary 45-day notice is inaccurate, the claimant shall
 24-5    provide an amended preliminary 45-day notice in the manner provided
 24-6    by this section not later than the 30th day after the date the
 24-7    information is received.
 24-8          (b)  The amended preliminary 45-day notice is considered to
 24-9    be provided on the date the original preliminary 45-day notice was
24-10    provided, except that the amended preliminary 45-day notice is
24-11    effective only for work performed, materials supplied, or
24-12    professional services rendered 45 days before the date of the
24-13    amended preliminary 45-day notice or the date the original
24-14    preliminary 45-day notice was provided to the owner, whichever
24-15    occurs first.
24-16          (c)  If a payment bond has been recorded under this chapter
24-17    and the owner or other interested party fails to furnish a copy of
24-18    the bond and the other information as required by this subchapter,
24-19    the claimant shall retain any rights that the claimant would be
24-20    precluded or prejudiced from asserting in a claim against the bond
24-21    if the loss of a right is a direct result of the owner's or other
24-22    interested party's failure to provide the bond or other
24-23    information.
24-24          Sec. 62.055.  PROOF OF SERVICE OF NOTICE.  (a)  A person
24-25    required to provide a preliminary 45-day notice shall provide proof
24-26    that the notice was provided as prescribed by this subchapter by
 25-1    producing an acknowledgment of receipt of the notice that reads
 25-2    substantially similar to the following:
 25-3          ACKNOWLEDGMENT OF RECEIPT OF PRELIMINARY 45-DAY NOTICE
 25-4                This acknowledges receipt on ____________________
 25-5          (insert date) of a copy of the preliminary 45-day
 25-6          notice at  ________________________________ (insert
 25-7          address).
 25-8                Date: _______________ (Date this acknowledgment
 25-9          is executed)
25-10                ____________________________ (Signature of person
25-11          acknowledging receipt, with title if acknowledgment is
25-12          made on behalf of another person)
25-13          (b)  If a person to whom the notice is served fails to
25-14    complete the acknowledgment or fails to complete and return the
25-15    acknowledgment within 30 days from the date of mailing, proof of
25-16    service may be provided by an affidavit of the person sending the
25-17    notice, showing the time, place, and manner of mailing and stating
25-18    the facts demonstrating that the service was made as prescribed by
25-19    this subchapter.  The affidavit must state the name and address of
25-20    the person to whom a copy of the preliminary 45-day notice was sent
25-21    and, if appropriate, the title or capacity in which the person was
25-22    given the notice.  If the mailing was by certified or registered
25-23    mail, the receipt of certification or registration must be attached
25-24    to the affidavit.  If service was made by personal service or a
25-25    private delivery company, the receipt supplied by the person making
25-26    personal service or the acknowledgment from the delivery company
 26-1    stating that the delivery was made must be attached to the
 26-2    affidavit.
 26-3              (Sections 62.056-62.080 reserved for expansion
 26-4         SUBCHAPTER D.  PERSONS ENTITLED TO LIEN; SUBJECT PROPERTY
 26-5          Sec. 62.081.  PERSONS ENTITLED TO LIEN.  (a)  A person has a
 26-6    lien if:
 26-7                (1)  the person labors, specially fabricates material,
 26-8    or furnishes labor, materials, or professional services for
 26-9    construction, alteration, or repair in this state of:
26-10                      (A)  a house, building, or improvement;
26-11                      (B)  a levee or embankment to be erected for the
26-12    reclamation of overflow land along a river or creek; or
26-13                      (C)  a railroad; and
26-14                (2)  the person labors, specially fabricates the
26-15    material, furnishes labor or materials, or provides professional
26-16    services under or by virtue of a contract with the owner or the
26-17    owner's agent, trustee, receiver, contractor, or subcontractor.
26-18          (b)  A person who specially fabricates material has a lien
26-19    even if the material is not delivered.
26-20          (c)  A person who provides professional services, but who
26-21    does not hold a certificate of license or registration under Title
26-22    10A, 52A, or 86, Revised Statutes, may not claim a lien under this
26-23    chapter.
26-24          Sec. 62.082.  PROPERTY TO WHICH LIEN EXTENDS.  (a)  The lien
26-25    extends to the house, building, fixtures, or improvements, the land
26-26    reclaimed from overflow, or the railroad and all of its properties,
 27-1    and to each lot of land necessarily connected or reclaimed.
 27-2          (b)  The lien does not extend to abutting sidewalks, streets,
 27-3    and utilities that are public property.
 27-4          (c)  A lien against land in a municipality extends to each
 27-5    lot on which the house, building, or improvement is situated or on
 27-6    which the labor was performed.
 27-7          (d)  A lien against land not in a municipality extends to not
 27-8    more than 50 acres on which the house, building, or improvement is
 27-9    situated or on which the labor was performed.
27-10          Sec. 62.083.  PAYMENT SECURED BY LIEN.  The lien secures
27-11    payment for:
27-12                (1)  the labor performed or materials furnished for the
27-13    construction, alteration, or repair;
27-14                (2)  the specially fabricated material, even if the
27-15    material has not been delivered or incorporated into the
27-16    construction, alteration, or repair; or
27-17                (3)  the professional services provided.
27-18          Sec. 62.084.  SHAM CONTRACT.  (a)  A person who labors,
27-19    specially fabricates materials, or furnishes labor, materials, or
27-20    professional services under a direct contractual relationship with
27-21    another person is considered to be in direct contractual
27-22    relationship with the owner and has a lien as an original
27-23    contractor, if:
27-24                (1)  the owner contracted with the other person for the
27-25    construction or repair of a house, a building, or improvements and
27-26    the owner can effectively control that person through ownership of
 28-1    voting stock, interlocking directorships, or otherwise;
 28-2                (2)  the owner contracted with the other person for the
 28-3    construction or repair of a house, a building, or improvements and
 28-4    that other person can effectively control the owner through
 28-5    ownership of voting stock, interlocking directorships, or
 28-6    otherwise; or
 28-7                (3)  the owner contracted with the other person for the
 28-8    construction or repair of a house, a building, or improvements and
 28-9    the contract was made without good faith intention of the parties
28-10    that the other person was to perform the contract.
28-11          (b)  In this section, "owner" does not include a person who
28-12    has or claims a security interest only.
28-13              (Sections 62.085-62.100 reserved for expansion
28-14                       SUBCHAPTER E.  WAIVER OF LIEN
28-15          Sec. 62.101.  WAIVER OF LIEN.  (a)  An owner or contractor by
28-16    any term of its contract, or otherwise, may not waive or impair the
28-17    claims or liens of other persons whether with or without notice
28-18    except by written consent as prescribed by this subchapter.  Any
28-19    term of the contract to that effect is void.
28-20          (b)  Any written consent to a waiver given by any person is
28-21    unenforceable unless the person executes and delivers a waiver and
28-22    release as prescribed by this subchapter.
28-23          (c)  The waiver and release is effective to release the
28-24    property for the benefit of the owner, the construction lender, the
28-25    contractor, and the surety on a payment bond from claims and liens
28-26    only if:
 29-1                (1)  the waiver and release follows substantially one
 29-2    of the forms prescribed by this subchapter;
 29-3                (2)  the waiver is signed by the claimant or the
 29-4    claimant's authorized agent; and
 29-5                (3)  in the case of a conditional release, there is
 29-6    evidence of payment to the claimant.
 29-7          (d)  Evidence of payment may be by the claimant's endorsement
 29-8    on a single or joint payee check that is paid by the bank on which
 29-9    it is drawn or by written acknowledgment of payment given by the
29-10    claimant.
29-11          Sec. 62.102.  CONDITIONS FOR WAIVER, RELEASE, OR IMPAIRMENT
29-12    OF CLAIM.  (a)  An oral or written statement purporting to waive,
29-13    release, or otherwise adversely affect a claim is not enforceable
29-14    and does not create an estoppel or impairment of a claim unless the
29-15    written waiver and release complies with this subchapter or the
29-16    claimant has actually received payment in full for the claim.
29-17          (b)  This section does not affect the enforceability of an
29-18    accord and satisfaction regarding a bona fide dispute or any
29-19    agreement made in settlement of an action pending in any court if
29-20    the accord and satisfaction or agreement and settlement make
29-21    specific reference to the mechanic's lien or bond claims.
29-22          Sec. 62.103.  PRESCRIBED FORMS FOR WAIVER AND RELEASE OF
29-23    CLAIM.  The waiver and release given by any claimant is
29-24    unenforceable unless it substantially follows the forms provided in
29-25    Subdivisions (1)-(4) in the respective situations.
29-26                (1)  If the claimant is required to execute a waiver
 30-1    and release in exchange for or to induce the payment of a progress
 30-2    payment and the claimant is not paid in exchange for the waiver and
 30-3    release or a single payee check or joint payee check is given in
 30-4    exchange for the waiver and release, the waiver and release must
 30-5    read substantially similar to the following:
 30-6            CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
 30-7          Project ___________________
 30-8          Job No. ___________________
 30-9                On  receipt  by  the  undersigned  of  a  check
30-10          from  ________________  (maker  of  check)  in  the
30-11          sum  of  $__________   (amount   of   check)  payable
30-12          to  _____________________ (payee  or  payees  of
30-13          check)  and  when the check has been properly endorsed
30-14          and has been paid by the bank on which it is drawn,
30-15          this document becomes effective to release any
30-16          mechanic's lien, any state or federal statutory bond
30-17          right, any private bond right, any claim for payment,
30-18          and any rights under any similar ordinance, rule, or
30-19          statute related to claim or payment rights for persons
30-20          in the undersigned's  position  that  the  undersigned
30-21          has  on  the  property  of  ________________  (owner) 
30-22          located  at  ______________________  (location)  to
30-23          the  following extent ______________________ (job
30-24          description).
30-25                This release covers a progress payment for all
30-26          labor, services, equipment, or materials furnished to
 31-1          the property or to __________________, (person with
 31-2          whom undersigned contracted) on or before ____________
 31-3          (date) and does not cover any retention, pending
 31-4          modifications and changes, or items furnished on,
 31-5          before, or after that date.  Retention and pending
 31-6          modifications and changes furnished on or before the
 31-7          above date total ______________.
 31-8                Before any recipient of this document relies on
 31-9          this document, the recipient should verify evidence of
31-10          payment to the undersigned.
31-11                The undersigned warrants that the undersigned
31-12          either has already paid or will use the funds received
31-13          from this progress payment to promptly pay in full all
31-14          of the undersigned's laborers, subcontractors,
31-15          materialmen, and suppliers for all work, materials,
31-16          equipment, or services provided for or to the above
31-17          referenced project up to the date of this waiver.
31-18                Date ____________________________
31-19                _________________________________ (Company name)
31-20                By ______________________________ (Signature)
31-21                _________________________________ (Title)
31-22                (2)  If the claimant is required to execute a waiver
31-23    and release in exchange for or in order to induce the payment of a
31-24    progress payment and the claimant asserts in the waiver that the
31-25    claimant has been paid the progress payment, the waiver and release
31-26    must read substantially similar to the following:
 32-1           UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
 32-2          Project ___________________
 32-3          Job No. ___________________
 32-4                The  undersigned has been paid and  has  received
 32-5          a  progress  payment  in  the  sum of $___________ for
 32-6          all labor, services, equipment, or material furnished
 32-7          to the property or to _____________________ (person
 32-8          with  whom  undersigned   contracted)   on  the
 32-9          property  of _______________________ (owner)   located
32-10          at     ______________________   to   the    following
32-11          extent ______________________ (job description) and
32-12          does hereby release any mechanic's lien, any state or
32-13          federal statutory bond right, any private bond right,
32-14          any claim for payment, and any rights under any similar
32-15          ordinance, rule, or statute related to claim or payment
32-16          rights for persons in the undersigned's position that
32-17          the undersigned has on the above referenced project to
32-18          the following extent.
32-19                This release covers a progress payment for all
32-20          labor, services, equipment, or materials furnished to
32-21          the property or to __________________, (person with
32-22          whom undersigned contracted) on or before ____________
32-23          (date) and does not cover any retention, pending
32-24          modifications and changes, or items furnished on,
32-25          before, or after that date.  Retention and pending
32-26          modifications and changes furnished on or before the
 33-1          above date total _____________.
 33-2                The undersigned warrants that the undersigned
 33-3          either has already paid or will use the funds received
 33-4          from this progress payment to promptly pay in full all
 33-5          of the undersigned's laborers, subcontractors,
 33-6          materialmen, and suppliers for all work, materials,
 33-7          equipment, or services provided for or to the above
 33-8          referenced project up to the date of this waiver.
 33-9                Date ____________________________
33-10                _________________________________ (Company name)
33-11                By ______________________________ (Signature)
33-12                _________________________________ (Title)
33-13                (Each unconditional waiver must contain the
33-14          following language printed in a type at least as large
33-15          as the largest type used in the document:)
33-16                                  NOTICE:
33-17                This document waives rights unconditionally and
33-18          states that you have been paid for giving up those
33-19          rights.  This document is enforceable against you if
33-20          you sign it, even if you have not been paid.  If you
33-21          have not been paid, use a conditional release form.
33-22                (3)  If the claimant is required to execute a waiver
33-23    and release in exchange for or in order to induce payment of a
33-24    final payment and the claimant is not paid in exchange for the
33-25    waiver and release or a single payee check or joint payee check is
33-26    given in exchange for the waiver and release, the waiver and
 34-1    release must read substantially similar to the following:
 34-2              CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
 34-3          Project ___________________
 34-4          Job No. ___________________
 34-5                On receipt  by  the  undersigned  of  a check
 34-6          from ________________ (maker of  check)  in  the  sum
 34-7          of  $____________  payable to _____________________
 34-8          (payee or payees of check) and when the check has been
 34-9          properly endorsed and has been paid by the bank on
34-10          which it is drawn, this document becomes effective to
34-11          release any mechanic's lien, any state or federal
34-12          statutory bond right, any private bond right, any
34-13          claim  for payment, and  any  rights  under  any
34-14          similar  ordinance,  rule,  or  statute related to
34-15          claim  or  payment  rights  for  persons  in  the
34-16          undersigned's  position, the undersigned  has   on  the
34-17          property   of  _____________________ (owner) located
34-18          at ______________________   to   the   following
34-19          extent ______________________ (job description).
34-20                This  release  covers  the  final  payment   to
34-21          the  undersigned for  all  labor,  services,
34-22          equipment,  or materials  furnished    to   the
34-23          property   or  to  __________________, (person with
34-24          whom  undersigned  contracted)  except  for  disputed
34-25          claims  in  the amount of $_________.
34-26                Before any recipient of this document relies on
 35-1          the document, the recipient should verify evidence of
 35-2          payment to the undersigned.
 35-3                The undersigned warrants that the undersigned
 35-4          either has already paid or will use the funds received
 35-5          from this final payment to promptly pay in full all of
 35-6          the undersigned's laborers, subcontractors,
 35-7          materialmen, and suppliers for all work, materials,
 35-8          equipment, or services provided for or to the above
 35-9          referenced project up to the date of this waiver.
35-10                Date ____________________________
35-11                _________________________________ (Company name)
35-12                By ______________________________ (Signature)
35-13                _________________________________ (Title)
35-14                (4)  If the claimant is required to execute a waiver
35-15    and release in exchange for or in order to induce payment of a
35-16    final payment and the claimant asserts in the waiver that the
35-17    claimant has been paid the final payment, the waiver and release
35-18    must read substantially similar to the following:
35-19             UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
35-20          Project ___________________
35-21          Job No. ___________________
35-22                The undersigned has been paid in full for all
35-23          labor, services, equipment, or materials furnished  to
35-24          the  property  or  to ___________________,  (person
35-25          with   whom   undersigned    contracted)   on   the
35-26          property  of ______________________  (owner)  located
 36-1          at ______________________   to   the   following
 36-2          extent ______________________ (job description) and
 36-3          does hereby waive and release any right to a mechanic's
 36-4          lien, any state or federal statutory bond right, any
 36-5          private bond right, any claim for payment, and any
 36-6          rights under any similar ordinance, rule, or statute
 36-7          related to claim or payment rights for persons in the
 36-8          undersigned's position, except for disputed claims for
 36-9          extra work in the amount of $_________.
36-10                The undersigned warrants that the undersigned
36-11          either has already paid or will use the funds received
36-12          from this final payment to promptly pay in full all of
36-13          the undersigned's laborers, subcontractors,
36-14          materialmen, and suppliers for all work, materials,
36-15          equipment, or services provided for or to the above
36-16          referenced project.
36-17                Date ____________________________
36-18                _________________________________ (Company name)
36-19                By ______________________________ (Signature)
36-20                _________________________________ (Title)
36-21                (Each unconditional waiver must contain the
36-22          following language printed in a type at least as large
36-23          as the largest type used in the document:)
36-24                                  NOTICE:
36-25                This document waives rights unconditionally and
36-26          states that you have been paid for giving up those
 37-1          rights.  This document is enforceable against you if
 37-2          you sign it, even if you have not been paid.  If you
 37-3          have not been paid, use a conditional release form.
 37-4          Sec. 62.104.  PUBLIC POLICY.  (a)  Notwithstanding any other
 37-5    law and except as provided by Section 62.103, any contract,
 37-6    agreement, or understanding waiving the right to file or enforce
 37-7    any lien or claim created under this chapter is void as against
 37-8    public policy.
 37-9          (b)  This section does not apply to a written agreement to
37-10    subordinate, release, or satisfy all or part of a lien claimed
37-11    after a notice of lien has been filed.
37-12              (Sections 62.105-62.120 reserved for expansion
37-13                 SUBCHAPTER F.  PROCEDURE TO PERFECT LIEN
37-14          Sec. 62.121.  PROCEDURE TO PERFECT LIEN.  (a)  To perfect a
37-15    lien provided by this chapter, a person claiming a lien under this
37-16    chapter must execute a notice and claim of lien as provided by this
37-17    section.
37-18          (b)  The person claiming a lien must make duplicate copies of
37-19    the notice and claim of lien and record one copy with the county
37-20    clerk of the county in which the property is located on or before
37-21    the 120th day after the date a building, structure, or improvement,
37-22    or an alteration or repair of a building, structure, or
37-23    improvement, is completed or, if a notice of completion has been
37-24    recorded, on or before the 60th day after the date the notice is
37-25    recorded.  Within a reasonable time after recording the notice and
37-26    claim of lien, the person claiming a lien shall serve the remaining
 38-1    copy on the owner of the building, structure, or improvement if the
 38-2    owner can be found in the county.
 38-3          (c)  The notice and claim of lien must be made under oath by
 38-4    the claimant or a person with knowledge of the facts and must
 38-5    contain:
 38-6                (1)  the legal description of the property to be
 38-7    charged with a lien;
 38-8                (2)  the name of the owner or reputed owner of the
 38-9    property, if known, and the name of the person by whom the claimant
38-10    was employed or to whom the claimant furnished materials;
38-11                (3)  a general statement of the type of work done and
38-12    materials furnished by the claimant and, for a claimant other than
38-13    an original contractor, the amounts owed for the work and
38-14    materials;
38-15                (4)  a copy of the contract;
38-16                (5)  a statement of the claimant's demand, after
38-17    deducting credits and offsets;
38-18                (6)  a statement of the date of completion of the
38-19    building, structure, or improvement, or any alteration or repair of
38-20    the building, structure, or improvement; and
38-21                (7)  a statement of the date the preliminary 45-day
38-22    notice was given and a copy of the preliminary 45-day notice,
38-23    including the proof of mailing.
38-24          (d)  For the purposes of this section, "completion" means the
38-25    earliest of the following dates or events:
38-26                (1)  the 30th day after the date of the final
 39-1    inspection and written final acceptance by the governmental body
 39-2    that issued the building permit for the building, structure, or
 39-3    improvement;
 39-4                (2)  if no building permit is issued or if the
 39-5    governmental body that issued the building permit for the building,
 39-6    structure, or improvement does not issue final inspections and
 39-7    written final acceptances, the last date on which any labor,
 39-8    materials, or professional services were furnished to the property;
 39-9    or
39-10                (3)  termination of the original contract, abandonment
39-11    of the project, or cessation of labor for a period of 60
39-12    consecutive days, unless the cessation of labor is due to a strike,
39-13    shortage of materials, or act of nature.
39-14          Sec. 62.122.  NOTICE OF COMPLETION.  (a)  A notice of
39-15    completion is a written notice that the owner or the owner's agent
39-16    may record at any time after completing the construction.
39-17          (b)  A notice of completion executed and delivered as
39-18    prescribed by this section establishes the completion date for
39-19    purposes of this subchapter.
39-20          (c)  A notice of completion must be signed and verified by
39-21    the owner or the owner's agent and must contain the following
39-22    information:
39-23                (1)  the name and address of the owner;
39-24                (2)  the nature of the interest or estate in the
39-25    property owned;
39-26                (3)  the legal description of the property and the
 40-1    street address;
 40-2                (4)  the name of the original contractor, if any;
 40-3                (5)  the name and address of each predecessor in
 40-4    interest if the property was transferred after the beginning of the
 40-5    work or improvement;
 40-6                (6)  the nature of the improvements to the real
 40-7    property; and
 40-8                (7)  the date of completion.
 40-9          (d)  The notice of completion must read substantially similar
40-10    to the following:
40-11                           NOTICE OF COMPLETION
40-12          Notice is hereby given that:
40-13                1.  The undersigned is owner of the interest or
40-14          estate stated below in the property described below, or
40-15          the undersigned is the owner's agent.
40-16                2.  The   full   name   of    the    undersigned
40-17          is ____________________________________.
40-18                3.  The  full   address   of   the   undersigned
40-19          is ____________________________________.
40-20                4.  The  nature  of  the  interest  or  estate of
40-21          the owner is:  In Fee Simple. _______________. (if
40-22          other than fee simple, strike "In Fee Simple" and
40-23          insert, for example, "Purchaser Under Contract of
40-24          Purchase" or "Lessee")
40-25                5.  The full name and address of each person, if
40-26          any, who holds an interest or estate with the
 41-1          undersigned, including a joint tenant or a
 41-2          tenant-in-common, is:
 41-3                         Name                    Address
 41-4                _______________________ ________________________
 41-5                _______________________ ________________________
 41-6                _______________________ ________________________
 41-7                6.  The full name and address of each predecessor
 41-8          in interest of the undersigned, if the property was
 41-9          transferred after the beginning of the work or
41-10          improvement, is:
41-11                         Name                    Address
41-12                _______________________ ________________________
41-13                _______________________ ________________________
41-14                _______________________ ________________________
41-15                7.  The nature of the improvements to the real
41-16          property is _______________________________.
41-17                8.  The work or improvement on the property
41-18          described was completed in accordance with the
41-19          definition of "completion" in Section 62.121, Property
41-20          Code.  (Fill in the appropriate completion date as
41-21          defined in Section 62.121, Property Code:)
41-22                      (a)-Date ______________________ (30 days
41-23          after written final acceptance by governmental body)
41-24                      (b)-Date ______________________ (60 days
41-25          after cessation of labor)
41-26                      (c)-Date ______________________ (last date
 42-1          on which any labor, materials, machinery, equipment, or
 42-2          tools were furnished to the property)
 42-3                9.  The name of the original contractor, if any,
 42-4          for the  work or  improvement is _________________.
 42-5          (if no contractor, insert "none")
 42-6                10.  The   street   address   of  the   property
 42-7          is ____________________________________.  (include both
 42-8          address and city with zip code)
 42-9                11.  The legal description of property described
42-10          above is __________________________________.  (attach
42-11          exhibit if necessary)
42-12                               Verification
42-13                I, the undersigned, certify that I am the owner,
42-14          the owner's agent for the property, or another
42-15          interested party in the property described in the above
42-16          notice, or I certify that I am the original contractor
42-17          of the improvements to the real property described in
42-18          the above notice.  I have read the foregoing notice and
42-19          know and understand the contents.  The facts stated are
42-20          true and correct.  I declare under penalty of perjury
42-21          that the foregoing is true and correct.
42-22                Executed on ______________________ (date) at
42-23                ________________ (place where signed), Texas
42-24                _______________________________ (print name)
42-25                _______________________ (personal signature)
42-26                ____________________________________ (title)
 43-1                             (Acknowledgment)
 43-2                (Each notice of completion must contain the
 43-3          following language printed in a type at least as large
 43-4          as the largest type used in the document:)
 43-5                To shorten the lien period under Section 62.121,
 43-6          Property Code, a copy of the notice of completion and a
 43-7          written statement of the date of recording of the
 43-8          notice and the county clerk's record location
 43-9          information shall be provided by the owner to the
43-10          original contractor and all persons from whom the
43-11          person recording this notice has previously received a
43-12          preliminary 45-day notice as prescribed by Subchapter
43-13          C, Chapter 62, Property Code, in accordance with
43-14          Section 62.004, Property Code.
43-15                Notice:  Receipt of a notice of completion may
43-16          alter the time you have to perfect a lien in accordance
43-17          with Section 62.121, Property Code.
43-18          (e)  If the property is owned by more than one person, a
43-19    notice of completion signed by fewer than all the owners must
43-20    include the name and address of each owner.  If the notice of
43-21    completion is signed by a successor in interest, the notice must
43-22    include the name and address of each person who transferred the
43-23    property to the successor in interest.
43-24          (f)  The person executing the notice of completion shall
43-25    record the notice in the office of the county clerk of the county
43-26    in which the property is located.  The county clerk shall index the
 44-1    notice of completion under the index classification in which
 44-2    mechanic's liens are recorded.
 44-3          (g)  If a notice of completion is recorded, the person
 44-4    recording the notice, not later than the 15th day after the date
 44-5    the notice is recorded, shall serve a copy of the notice of
 44-6    completion and a written statement of the date of recording of the
 44-7    notice and the county clerk's record location information on the
 44-8    original contractor and all persons from whom the owner has
 44-9    previously received a preliminary 45-day notice.  If the owner or
44-10    the owner's agent fails to provide the information within the
44-11    period prescribed by this subsection, the person may, not later
44-12    than the 120th day after the date of completion as defined by
44-13    Section 62.121, perfect a lien under this chapter.
44-14          Sec. 62.123.  DUTY OF OWNER OF PROPERTY TO WITHHOLD PAYMENT
44-15    TO ORIGINAL CONTRACTOR.  On service of the notice and claim of
44-16    lien, the owner shall retain, out of the amount due or to become
44-17    due the original contractor, the value of the labor or material
44-18    furnished as shown by the notice and claim of lien.  The owner
44-19    shall furnish to the original contractor a copy of the notice and
44-20    claim of lien.   If the contractor, within 10 days after the date
44-21    of receiving the copy, does not give the owner a written notice
44-22    that the contractor intends to dispute the claim, the contractor is
44-23    presumed to assent to the demand, and the owner shall pay the claim
44-24    when the claim becomes due.
44-25              (Sections 62.124-62.150 reserved for expansion
44-26                        SUBCHAPTER G.  STOP NOTICES
 45-1          Sec. 62.151.  STOP NOTICE AND BONDED STOP NOTICE.  (a)  The
 45-2    purpose of a stop notice or bonded stop notice is to give notice to
 45-3    an owner or construction lender that labor or materials have been
 45-4    furnished and the person providing the notice has not been paid for
 45-5    the labor or materials.  The right to file a notice under this
 45-6    subchapter is independent and cumulative of other rights prescribed
 45-7    by this chapter.
 45-8          (b)  A stop notice must be in writing, be signed and verified
 45-9    by the claimant or the claimant's agent, and state in general terms
45-10    the following information:
45-11                (1)  the kind of labor, services, equipment, or
45-12    materials furnished or agreed to be furnished by the claimant;
45-13                (2)  the name of the person by whom the claimant was
45-14    employed or to whom the claimant furnished the labor, services,
45-15    equipment, or materials;
45-16                (3)  the estimated amount in value of the labor,
45-17    services, equipment, or materials furnished and the full amount in
45-18    value of the labor, services, equipment, or materials agreed to be
45-19    furnished; and
45-20                (4)  the name and address of the claimant.
45-21          (c)  A bonded stop notice is a stop notice provided to a
45-22    construction lender that is accompanied by a bond that:
45-23                (1)  provides good and sufficient sureties in a penal
45-24    sum equal to 125 percent of the amount of the claim; and
45-25                (2)  is conditioned that if the defendant recovers a
45-26    judgment in an action brought on a verified claim or on the lien
 46-1    filed by the claimant, the claimant will pay:
 46-2                      (A)  all costs that may be awarded against the
 46-3    owner, original contractor, or construction lender; and
 46-4                      (B)  all damages that the owner, original
 46-5    contractor, or construction lender may sustain by reason of the
 46-6    equitable garnishment effected by the claim or by reason of the
 46-7    lien, not exceeding the sum specified in the bond.
 46-8          (d)  A stop notice or bonded stop notice is not invalid by
 46-9    reason of any defect in form if the notice is sufficient to
46-10    substantially inform the owner of the information required.
46-11          Sec. 62.152.  PERSON ENTITLED TO PROVIDE STOP NOTICE;
46-12    CONDITIONS FOR SERVICE.  (a)  Any person, other than the original
46-13    contractor, who labors, specifically fabricates material, or
46-14    furnishes labor or materials for construction may provide a stop
46-15    notice to the owner.
46-16          (b)  Any person, including the original contractor, who
46-17    labors, specifically fabricates material, or furnishes labor or
46-18    materials for construction may provide a stop notice or bonded stop
46-19    notice to the construction lender.
46-20          (c)  Service of a stop notice or a bonded stop notice is
46-21    effective only if the claimant:
46-22                (1)  has provided the preliminary 45-day notice as
46-23    provided by Subchapter C;
46-24                (2)  provides the stop notice or the bonded stop notice
46-25    before the expiration of the period within which the claimant's
46-26    claim of lien must be recorded under Subchapter F; and
 47-1                (3)  in the case of a construction lender, provides the
 47-2    bonded stop notice to the manager or other responsible officer or
 47-3    person at the office of the construction lender.
 47-4          (d)  If a bonded stop notice is delivered or sent to an
 47-5    institution or organization with branch offices, the bonded stop
 47-6    notice is not effective unless the notice is delivered to the
 47-7    office or branch administering or holding the construction funds.
 47-8          (e)  Any person described by Subsection (a) who fails to
 47-9    provide a stop notice after a written demand for a stop notice is
47-10    received from the owner forfeits the right to a mechanic's lien.
47-11          Sec. 62.153.  EFFECT OF STOP NOTICE AND BONDED STOP NOTICE.
47-12    (a)  Except as provided by this section, a construction lender may,
47-13    and on receipt of a bonded stop notice shall, withhold from the
47-14    borrower or other person to whom the lender or the owner is
47-15    obligated to make payments or advances out of the construction
47-16    funds sufficient funds to pay the claim and any lien that is
47-17    recorded.  On receipt of a stop notice or bonded stop notice:
47-18                (1)  the construction lender shall withhold funds
47-19    relating to a bonded stop notice filed by an original contractor,
47-20    regardless of whether a payment bond has previously been recorded
47-21    in the office of the county clerk of the county in which the
47-22    property is located;
47-23                (2)  the construction lender shall withhold funds
47-24    relating to a bonded stop notice filed by any person described by
47-25    Section 62.152, unless a payment bond has been previously recorded
47-26    in the office of the county clerk of the county in which the
 48-1    property is located;
 48-2                (3)  if a payment bond has been previously recorded,
 48-3    the construction lender may withhold funds relating to the bonded
 48-4    stop notice or stop notice; and
 48-5                (4)  if the claimant makes a written request for notice
 48-6    of the construction lender's decision to withhold funds under
 48-7    Subdivision (2) or (3), the lender shall furnish the claimant a
 48-8    copy of the bond not later than the  30th day after the date the
 48-9    lender makes a decision.
48-10          (b)  A construction lender is not liable for the failure to
48-11    furnish a copy of the bond under Subsection (a)(4) if:
48-12                (1)  the failure was not intentional and resulted from
48-13    a bona fide error;
48-14                (2)  the lender maintains reasonable procedures to
48-15    avoid such an error; and
48-16                (3)  the error was corrected not later than the 20th
48-17    day after the date the violation was discovered.
48-18          (c)  If a stop notice or bonded stop notice is filed by the
48-19    original contractor or by a  subcontractor, the original contractor
48-20    or subcontractor is entitled to recover on the stop notice or
48-21    bonded stop notice only the net amount due the original contractor
48-22    or subcontractor after deducting the stop notice claims of each
48-23    subcontractor or material supplier who has filed a bonded stop
48-24    notice based on work furnished on behalf of the original contractor
48-25    or the subcontractor.
48-26          (d)  A construction lender is not required to withhold more
 49-1    than the net amount due under a bonded stop notice.
 49-2    Notwithstanding any other provision, a construction lender is not
 49-3    liable for the failure to withhold more than the net amount on
 49-4    receipt of a bonded stop notice.
 49-5          (e)  On receipt of a stop notice, the owner shall withhold
 49-6    sufficient funds to pay a claim and any lien recorded from the
 49-7    original contractor or from any person acting under the original
 49-8    contractor's authority and to whom labor or materials have been
 49-9    furnished or agreed to be furnished, unless a payment bond has been
49-10    recorded as provided by this chapter.
49-11          (f)  If the owner does not withhold funds because a payment
49-12    bond has been previously recorded, the owner shall give a written
49-13    notice not later than the 30th day after the date the stop notice
49-14    is received to the claimant at the address shown in the stop notice
49-15    that states that the bond has been recorded and that is accompanied
49-16    by a copy of the bond.
49-17          Sec. 62.154.  PRIORITIES.  (a)  An assignment by the owner or
49-18    contractor of construction loan funds, whether made before or after
49-19    a stop notice or bonded stop notice is provided to a construction
49-20    lender, does not take priority over the stop notice or bonded stop
49-21    notice, and the assignment has no effect on the right of a claimant
49-22    who provides the stop notice or bonded stop notice.
49-23          (b)  If the funds withheld or required to be withheld under a
49-24    stop notice or bonded stop notice are insufficient to pay in full
49-25    the claims of each person providing the notices, the funds shall be
49-26    distributed among the claimants in the same ratio that their
 50-1    respective claims bear to the aggregate of all claims.  This pro
 50-2    rata distribution shall be made among the persons entitled to share
 50-3    in the funds without regard to the order of time in which the
 50-4    respective notices were provided  or the respective actions were
 50-5    commenced.
 50-6          (c)  A person who intentionally provides a false stop notice
 50-7    or bonded stop notice or who intentionally includes in the notice
 50-8    labor, services, equipment, or materials not furnished for the
 50-9    property described in the notice forfeits all rights to participate
50-10    in the pro rata distribution of the funds.
50-11          Sec. 62.155.  RELEASE OF STOP NOTICE OR BONDED STOP NOTICE.
50-12    If the owner, the construction lender, or any original contractor
50-13    or subcontractor disputes the accuracy or validity of a stop notice
50-14    or bonded stop notice, that person may file with the person on whom
50-15    the notice was served a bond executed by a good and sufficient
50-16    surety in a penal sum equal to 125 percent of the amount stated in
50-17    the notice and conditioned for the payment of any sum not exceeding
50-18    the penal obligation of the bond, including the amount of the claim
50-19    and the costs of enforcing the claim.  When the bond is filed, the
50-20    funds withheld under the stop notice or bonded stop notice shall be
50-21    released.
50-22          Sec. 62.156.  ENFORCEMENT OF RIGHTS ARISING FROM STOP NOTICE
50-23    AND BONDED STOP NOTICE.  (a)  An action against the owner or
50-24    construction lender to enforce payment of the claim stated in the
50-25    stop notice or bonded stop notice may be commenced at any time
50-26    after the 10th day after the date the owner or construction lender
 51-1    receives the notice.  If no action is taken to enforce payment of
 51-2    the claim on or before the second anniversary of the date of
 51-3    service, the notice is no longer effective and the funds shall be
 51-4    paid or delivered to the contractor or other person to whom the
 51-5    funds are due.  Notice of any enforcement action shall be provided
 51-6    not later then the fifth day after the date the action is filed to
 51-7    the same persons and in the same manner as provided for service of
 51-8    a stop notice or bonded stop notice.
 51-9          (b)  A stop notice or bonded stop notice is no longer
51-10    effective and the funds withheld shall be paid or delivered to the
51-11    person to whom the funds are due if:
51-12                (1)  an action to enforce the stop notice or bonded
51-13    stop notice is dismissed, unless the dismissal is without
51-14    prejudice; or
51-15                (2)  a judgment is rendered against the claimant.
51-16          (c)  Each person who has provided a stop notice or bonded
51-17    stop notice may join in the same action.   If separate actions are
51-18    filed,  the court first acquiring jurisdiction may consolidate the
51-19    actions.  On the motion of the owner or construction lender, the
51-20    court shall require all claimants to the funds withheld under a
51-21    stop notice or bonded stop notice to be interpleaded in one action.
51-22              (Sections 62.157-62.180 reserved for expansion
51-23                  SUBCHAPTER H.  PRIORITY AND PREFERENCE
51-24          Sec. 62.181.  PREFERENCE OVER OTHER CREDITORS.  All
51-25    subcontractors, laborers, materialmen, or professional service
51-26    providers who have a mechanic's lien have preference over other
 52-1    creditors of the original contractor.
 52-2          Sec. 62.182.  EQUALITY OF LIENS.  (a)  The liens provided
 52-3    under this chapter are on an equal footing without reference to the
 52-4    date of recording of the notice and claim of lien and without
 52-5    reference to the time of performance of the work or labor or the
 52-6    furnishing of materials or professional services.
 52-7          (b)  If the proceeds of a foreclosure sale of property are
 52-8    insufficient to discharge all mechanic's liens against the
 52-9    property, the proceeds shall be paid pro rata on the perfected
52-10    mechanic's liens on which suit is brought.
52-11          Sec. 62.183.  PRIORITY OF MECHANIC'S LIENS OVER OTHER LIENS.
52-12    (a)  Except as provided by this section, a mechanic's lien attaches
52-13    to the house, building, improvements, or railroad property in
52-14    preference to any prior lien, encumbrance, or mortgage on the
52-15    property on which it is located, and the person enforcing the lien
52-16    may have the house, building, improvement, or any piece of the
52-17    railroad property sold separately.
52-18          (b)  The mechanic's lien does not affect any lien,
52-19    encumbrance, or mortgage on the property or improvement at the time
52-20    of the inception of the mechanic's lien, and the holder of the
52-21    lien, encumbrance, or mortgage need not be made a party to a suit
52-22    to foreclose the mechanic's lien.
52-23          (c)  For purposes of this section, the time of inception of a
52-24    mechanic's lien is the commencement of construction of improvements
52-25    or delivery of materials to the property on which the improvements
52-26    are to be located and on which the materials are to be used.
 53-1              (Sections 62.184-62.200 reserved for expansion
 53-2                  SUBCHAPTER I.  RELEASE AND FORECLOSURE
 53-3          Sec. 62.201.  ENFORCEMENT OF REMEDIES AGAINST MONEY DUE
 53-4    ORIGINAL CONTRACTOR OR SUBCONTRACTOR.  (a)  A creditor of an
 53-5    original contractor may not collect, enforce a security interest
 53-6    against, garnish, or levy execution on the money due the original
 53-7    contractor or the contractor's surety from the owner, and a
 53-8    creditor of a subcontractor may not collect, enforce a security
 53-9    interest against, garnish, or levy execution on the money due the
53-10    subcontractor, to the prejudice of the subcontractors, mechanics,
53-11    laborers, materialmen, or their sureties.
53-12          (b)  A surety issuing a payment bond or performance bond in
53-13    connection with the improvements has a priority claim over other
53-14    creditors of its principal to contract funds to the extent of any
53-15    loss it suffers or incurs.  That priority does not excuse the
53-16    surety from paying any obligations that it may have under its
53-17    payment bonds.
53-18          Sec. 62.202.  RELEASE OF CLAIM OR LIEN.  (a)  When a debt for
53-19    labor, materials, or professional services is satisfied or paid by
53-20    collected funds, the person who furnished the labor, materials, or
53-21    professional services shall, not later than the 10th day after the
53-22    date of receipt of a written request, furnish to the requesting
53-23    person a release of the indebtedness and any lien claimed, to the
53-24    extent of the indebtedness paid.  An owner, the original
53-25    contractor, or any person making the payment may request the
53-26    release.
 54-1          (b)  A release of lien must be in a form that would permit it
 54-2    to be filed of record.
 54-3          Sec. 62.203.  DUTY OF CONTRACTOR TO DEFEND ACTION; RIGHTS OF
 54-4    OWNER AGAINST CONTRACTOR.  (a)  When a lien is recorded or notice
 54-5    given by any person other than a contractor, the contractor shall
 54-6    defend the action.
 54-7          (b)  During pendency of the action, the owner may withhold
 54-8    the amount in dispute and, if judgment on the lien is rendered, the
 54-9    owner may deduct, from any amount due or to become due from the
54-10    owner to the contractor, the amount of the judgment and costs.
54-11          (c)  If the owner has settled with the contractor in full, or
54-12    if the amount is not due the contractor, the owner may recover from
54-13    the contractor the amount paid by the owner and for which the
54-14    contractor is liable.
54-15          Sec. 62.204.  CONSOLIDATION OF ACTIONS; INTERVENTION.
54-16    (a)  Claimants who do not contest the claims of each other may join
54-17    as plaintiffs, and when separate actions are commenced the court
54-18    may consolidate the actions.
54-19          (b)  Claimants who fail or refuse to join in the action shall
54-20    be made defendants.
54-21          (c)  Claimants who are not involved in the action may, at any
54-22    time before final hearing, intervene in the action.
54-23          Sec. 62.205.  FORECLOSURE.  A lien under this chapter may be
54-24    foreclosed only on judgment of a court foreclosing the lien and
54-25    ordering the sale of the property subject to the lien.
54-26          Sec. 62.206.  LIMITATION OF ACTION TO FORECLOSE LIEN.  A lien
 55-1    under this chapter expires on the second anniversary of the date
 55-2    the lien is recorded, unless an action is brought within that
 55-3    period to foreclose the lien.  If a claimant is made a defendant to
 55-4    an action brought by another claimant, the filing of an answer or
 55-5    cross-claim asserting the lien during the two-year period
 55-6    prescribed by this section is considered commencement of an action
 55-7    within the meaning of this section.
 55-8          Sec. 62.207.  RIGHT OF CLAIMANT TO HAVE LAND AND IMPROVEMENTS
 55-9    SOLD TOGETHER OR SEPARATELY.  (a)  A person enforcing a lien under
55-10    this chapter may have the land and improvements sold together, or
55-11    the person may have the improvements sold separately if the
55-12    improvements can be removed without material injury to the
55-13    remaining property.
55-14          (b)  If the improvements are sold separately, the officer
55-15    making the sale shall place the purchaser in possession.  The
55-16    purchaser is entitled to  a reasonable time after the date of the
55-17    purchase within which to remove the purchased property.
55-18          Sec. 62.208.  DISCHARGE OF LIEN.  A mechanic's lien or
55-19    affidavit claiming a mechanic's lien filed under this chapter may
55-20    be discharged of record by:
55-21                (1)  recording a lien release signed by the claimant
55-22    under Section 62.202;
55-23                (2)  failing to institute suit to foreclose the lien in
55-24    the county in which the property is located within the period
55-25    prescribed by this chapter;
55-26                (3)  recording the original or certified copy of a
 56-1    final judgment or decree of a court providing for the discharge; or
 56-2                (4)  filing the bond and notice in compliance with
 56-3    Subchapter J.
 56-4              (Sections 62.209-62.230 reserved for expansion
 56-5               SUBCHAPTER J.  BOND TO INDEMNIFY AGAINST LIEN
 56-6          Sec. 62.231.  BOND.  (a)  If a lien, other than a lien
 56-7    granted by the owner in a written contract, is fixed or is
 56-8    attempted to be fixed by a recorded instrument under this chapter,
 56-9    any person may file a bond to indemnify against the lien.
56-10          (b)  The bond shall be filed with the county clerk of the
56-11    county in which the property subject to the lien is located.
56-12          (c)  A mechanic's lien claim against an owner's property is
56-13    discharged after:
56-14                (1)  a bond that complies with Section 62.232 is filed;
56-15                (2)  the notice of the bond is issued as provided by
56-16    Section 62.233; and
56-17                (3)  the bond and notice are recorded as provided by
56-18    Section 62.234.
56-19          Sec. 62.232.  BOND REQUIREMENTS.  The bond must:
56-20                (1)  describe the property on which the liens are
56-21    claimed;
56-22                (2)  refer to each lien claimed in a manner sufficient
56-23    to identify it;
56-24                (3)  be in an amount that is double the amount of the
56-25    liens referred to in the bond unless the total amount claimed in
56-26    the liens exceeds $100,000, in which case the bond must be in an
 57-1    amount that is the greater of 1-1/2 times the amount of the liens
 57-2    or the sum of $100,000 and the amount of the liens;
 57-3                (4)  be payable to the parties claiming the liens;
 57-4                (5)  be executed by:
 57-5                      (A)  the party filing the bond as principal; and
 57-6                      (B)  a corporate surety authorized and admitted
 57-7    to do business under the law in this state and licensed by this
 57-8    state to execute the bond as surety, subject to Section 1, Chapter
 57-9    87, Acts of the 56th Legislature, Regular Session, 1959 (Article
57-10    7.19-1, Vernon's Texas Insurance Code); and
57-11                (6)  be conditioned substantially that the principal
57-12    and sureties will pay to the named obligees or to their assignees
57-13    the amount that the named obligees would have been entitled to
57-14    recover if their claims had been proved to be valid and enforceable
57-15    liens on the property.
57-16          Sec. 62.233.  NOTICE OF BOND.  (a)  After the bond is filed,
57-17    the county clerk shall issue notice of the bond to all named
57-18    obligees.
57-19          (b)  A copy of the bond must be attached to the notice.
57-20          (c)  The notice must be served in accordance with Section
57-21    62.004 on each obligee by sending a copy of the notice and the bond
57-22    to the obligee, addressed to the claimant at the address stated in
57-23    the lien affidavit for the obligee.
57-24          (d)  If the claimant's lien affidavit does not state the
57-25    claimant's address, the notice is not required to be sent to the
57-26    claimant.
 58-1          Sec. 62.234.  RECORDING OF BOND AND NOTICE.  (a)  The county
 58-2    clerk shall record the bond, the notice, and a certificate of
 58-3    mailing in the real property records.
 58-4          (b)  In acquiring an interest in or insuring title to real
 58-5    property, a purchaser, insurer of title, or lender may rely on and
 58-6    is absolutely protected by the record of the bond and the notice to
 58-7    the same extent as if the lien claimant had filed a release of lien
 58-8    in the real property records.
 58-9          Sec. 62.235.  ACTION ON BOND.  (a)  A party making or holding
58-10    a lien claim may not sue on the bond later than two years after the
58-11    date the notice is served.
58-12          (b)  The bond is not exhausted by one action against it.
58-13    Each named obligee or assignee of an obligee may maintain a
58-14    separate suit on the bond in any court of jurisdiction in the
58-15    county in which the real property is located.
58-16              (Sections 62.236-62.250 reserved for expansion
58-17                SUBCHAPTER K.  BOND TO PAY LIENS OR CLAIMS
58-18          Sec. 62.251.  BOND.  An original contractor who has a written
58-19    contract with the owner may furnish at any time a bond for the
58-20    benefit of claimants.
58-21          Sec. 62.252.  BOND REQUIREMENTS.  The bond must:
58-22                (1)  be in a penal sum at least equal to the total of
58-23    the original contract amount;
58-24                (2)  be in favor of the owner;
58-25                (3)  have the written approval of the owner endorsed on
58-26    it;
 59-1                (4)  be executed by:
 59-2                      (A)  the original contractor as principal; and
 59-3                      (B)  a corporate surety authorized and admitted
 59-4    to do business in this state and licensed by this state to execute
 59-5    bonds as surety, subject to Section 1, Chapter 87, Acts of the 56th
 59-6    Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas
 59-7    Insurance Code); and
 59-8                (5)  be conditioned on prompt payment for all labor,
 59-9    subcontracts, materials, specially fabricated materials, and normal
59-10    and usual extras not exceeding 15 percent of the contract price.
59-11          Sec. 62.253.  RECORDING OF BOND AND CONTRACT.  (a)  The bond
59-12    and the contract between the original contractor and the owner
59-13    shall be filed with the county clerk of the county in which is
59-14    located all or part of the owner's property on which the
59-15    construction, alteration, or repair is being performed or is to be
59-16    performed.  A memorandum of the contract or a copy of the contract
59-17    may be substituted for the original.
59-18          (b)  The plans, specifications, and general conditions of the
59-19    contract are not required to be filed.
59-20          (c)  The county clerk shall record the bond and place the
59-21    contract on file in the clerk's office and shall index and
59-22    cross-index both in the names of the original contractor and the
59-23    owner in records kept for that purpose.
59-24          (d)  On request and payment of a reasonable fee, the county
59-25    clerk shall furnish a copy of the bond and contract to any person.
59-26          (e)  In any court of this state or in the United States, a
 60-1    copy of the bond and contract certified by the county clerk
 60-2    constitutes prima facie evidence of the contents, execution,
 60-3    delivery, and filing of the originals.
 60-4          Sec. 62.254.  ACTION ON BOND.  (a)  A claimant may sue the
 60-5    principal and surety on the bond either jointly or severally.
 60-6          (b)  The claimant may sue for the amount of the claim and
 60-7    court costs.
 60-8          (c)  The suit must be brought in the county in which the
 60-9    property being improved is located not later than the second
60-10    anniversary of the date the project is completed.
60-11          (d)  If the bond is recorded at the time the lien is filed,
60-12    the claimant must sue on the bond not later than the second
60-13    anniversary of the date the claimant's claim is perfected.  If the
60-14    bond is not recorded at the time the lien is filed, the claimant
60-15    must sue on the bond not later than the second anniversary of the
60-16    date the claim is perfected.
60-17          Sec. 62.255.  CLAIMS IN EXCESS OF BOND AMOUNT.  If valid
60-18    claims against the bond exceed the penal sum of the bond, each
60-19    claimant is entitled to a pro rata share of the penal sum.
60-20          Sec. 62.256.  ATTEMPTED COMPLIANCE.  (a)  A bond shall be
60-21    construed to comply with this subchapter, and the rights and
60-22    remedies on the bond are enforceable in the same manner as on other
60-23    bonds under this subchapter, if the bond:
60-24                (1)  is furnished and filed in attempted compliance
60-25    with this subchapter; or
60-26                (2)  evidences by its terms intent to comply with this
 61-1    subchapter.
 61-2          (b)  Any provision in any payment bond furnished or filed in
 61-3    attempted compliance with this subchapter that expands or restricts
 61-4    the rights or liabilities provided under this chapter shall be
 61-5    disregarded and the provisions of this subchapter shall be read
 61-6    into that bond.
 61-7              (Sections 62.257-62.280 reserved for expansion
 61-8         SUBCHAPTER L.  LIEN ON MONEY DUE PUBLIC WORKS CONTRACTOR
 61-9          Sec. 62.281.  LIEN ON MONEY DUE PUBLIC WORKS CONTRACTOR.  A
61-10    person who furnishes material or labor to a contractor under an
61-11    original contract that does not exceed $25,000 and that is for
61-12    public improvements in this state and who gives notice required by
61-13    this subchapter has a lien on the money, bonds, or warrants due the
61-14    contractor for the improvements.
61-15          Sec. 62.282.  PERSONS TO WHOM NOTICE GIVEN.  The lien
61-16    claimant must send written notice of the claim to:
61-17                (1)  the officials of the state, county, municipality,
61-18    school district, or other public entity whose duty it is to pay the
61-19    contractor; and
61-20                (2)  the contractor at the contractor's last known
61-21    business or residence address.
61-22          Sec. 62.283.  CONTENTS OF NOTICE.  (a)  Whether based on
61-23    written or oral agreement, the notice must contain:
61-24                (1)  the amount claimed;
61-25                (2)  the name of the party to whom the materials were
61-26    delivered or for whom the labor was performed;
 62-1                (3)  the dates and place of delivery or performance;
 62-2                (4)  a description reasonably sufficient to identify
 62-3    the materials delivered or labor performed and the amount due;
 62-4                (5)  a description reasonably sufficient to identify
 62-5    the project for which the material was delivered or the labor
 62-6    performed; and
 62-7                (6)  the claimant's business address.
 62-8          (b)  The notice must be accompanied by a statement under oath
 62-9    that the amount claimed is just and correct and that all payments,
62-10    lawful offsets, and credits known to the affiant have been allowed.
62-11          Sec. 62.284.  PREREQUISITE; TIME FOR NOTICE.  (a)  A lien
62-12    claimant must comply with the preliminary 45-day notice requirement
62-13    prescribed by Subchapter C.
62-14          (b)  The lien claimant must give a lien notice not later than
62-15    the 15th day of the second month following the month in which the
62-16    labor was performed or the material furnished.
62-17          Sec. 62.285.  OFFICIAL TO RETAIN FUNDS.  A public official
62-18    who receives the notice may not pay all of the money, bonds, or
62-19    warrants due the contractor, but shall retain enough to pay the
62-20    claim for which notice is given.
62-21          Sec. 62.286.  BOND FOR RELEASE OF LIEN.  (a)  If a claim is
62-22    filed attempting to fix a lien under this subchapter, the
62-23    contractor against whom the claim is made may file a bond with the
62-24    officials of the state, county, municipality, school district, or
62-25    other public entity whose duty it is to pay the money, bonds, or
62-26    warrants to the contractor.
 63-1          (b)  If the bond is approved by the proper official, its
 63-2    filing releases and discharges all liens fixed or attempted to be
 63-3    fixed by the filing of a claim, and the appropriate officials shall
 63-4    pay the money, bonds, or warrants to the contractor or the
 63-5    contractor's assignee.
 63-6          Sec. 62.287.  BOND REQUIREMENTS.  The bond must be:
 63-7                (1)  in an amount double the amount of the claims
 63-8    filed;
 63-9                (2)  payable to the claimants;
63-10                (3)  executed by:
63-11                      (A)  the party filing the bond as principal; and
63-12                      (B)  a corporate surety authorized, admitted to
63-13    do business, and licensed by the law of this state to execute the
63-14    bond as surety; and
63-15                (4)  conditioned that:
63-16                      (A)  the principal and surety will pay to the
63-17    obligees named or to their assignees the amount of the claims or
63-18    the portions of the claims proved to be liens under this
63-19    subchapter; and
63-20                      (B)  the principal and surety will pay all court
63-21    costs adjudged against the principal in actions brought by a
63-22    claimant on the bond.
63-23          Sec. 62.288.  NOTICE OF BOND.  The official with whom the
63-24    bond is filed shall send an exact copy of the bond to all claimants
63-25    in accordance with Section 62.004.
63-26          Sec. 62.289.  ACTION ON BOND.  (a)  A claimant must sue on
 64-1    the bond not later than the first anniversary of the date the bond
 64-2    is filed.
 64-3          (b)  The bond is not exhausted by one action on it.  Each
 64-4    obligee or obligee's assignee may maintain a separate suit on the
 64-5    bond in any court of jurisdiction.
 64-6          SECTION 12.  (a)  This Act takes effect January 1, 2000.
 64-7          (b)  The changes in law made by this Act apply only to a
 64-8    construction contract entered into on or after January 1, 2000, and
 64-9    funds received under a construction contract entered into on or
64-10    after January 1, 2000.  A construction contract entered into before
64-11    January 1, 2000, or funds received under a construction contract
64-12    entered into before January 1, 2000, are governed by the law as it
64-13    existed immediately before January 1, 2000, and that law is
64-14    continued in effect for that purpose.