1-1 AN ACT
1-2 relating to liens on real property in favor of governmental
1-3 entities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 51, Property Code, is amended by adding
1-6 Section 51.008 to read as follows:
1-7 Sec. 51.008. CERTAIN LIENS ON REAL PROPERTY. (a) A lien on
1-8 real property created under this code or another law of this state
1-9 in favor of a governmental entity must be recorded as provided by
1-10 Chapters 11 and 12 in the real property records of the county in
1-11 which the property or a portion of the property is located unless:
1-12 (1) the lien is imposed as a result of failure to pay:
1-13 (A) ad valorem taxes; or
1-14 (B) a penalty or interest owed in connection
1-15 with those taxes; or
1-16 (2) the law establishing the lien expressly states
1-17 that recording the lien is not required.
1-18 (b) Any notice of the lien required by law must contain a
1-19 legal description of the property.
1-20 (c) This section does not apply to:
1-21 (1) a lien created under Section 89.083, Natural
1-22 Resources Code;
1-23 (2) a state tax lien under Chapter 113, Tax Code; or
1-24 (3) a lien established under Chapter 61 or 213, Labor
2-1 Code.
2-2 SECTION 2. Section 313.042(e), Transportation Code, is
2-3 amended to read as follows:
2-4 (e) An assessment against abutting property is:
2-5 (1) a lien on the property that is superior to any
2-6 other lien or claim except a lien or claim for ad valorem taxes;
2-7 and
2-8 (2) a personal liability and charge against the owner
2-9 of the property, regardless of whether the owner is named.
2-10 SECTION 3. Section 314.043(b), Transportation Code, is
2-11 amended to read as follows:
2-12 (b) The notice required by Subsection (a) must:
2-13 (1) show substantially that the governing body has
2-14 determined it necessary that the street be improved;
2-15 (2) give the name of:
2-16 (A) the street and the names of the two cross
2-17 streets or other approximate lengthwise limits between which the
2-18 street is to be or has been improved or otherwise identify or
2-19 designate the street and the portion of the street to be improved;
2-20 and
2-21 (B) the subdivision and affected blocks if the
2-22 street abuts a subdivision for which a plat has been recorded in
2-23 the county clerk's office; and
2-24 (3) state that a portion of the cost of the
2-25 improvement is to be or has been specifically assessed as a lien on
2-26 property abutting the street.
2-27 SECTION 4. (a) This Act takes effect September 1, 2001.
3-1 (b) Section 51.008, Property Code, as added by this Act,
3-2 applies to a lien on real property in favor of a governmental
3-3 entity regardless of whether the lien arose on or after the
3-4 effective date of this Act. Section 51.008, Property Code, as
3-5 added by this Act, applies only to notice of such a lien provided
3-6 on or after the effective date of this Act. Notice of such a lien
3-7 provided before the effective date of this Act is covered by the
3-8 law in effect when the notice was provided, and that law is
3-9 continued in effect for that purpose.
3-10 (c) The amendment to Section 313.042(e), Transportation
3-11 Code, by this Act applies only to a lien arising under that section
3-12 on or after the effective date of this Act. A lien arising under
3-13 that section before the effective date of this Act is covered by
3-14 the law in effect when the lien arose, and that law is continued in
3-15 effect for that purpose.
3-16 (d) The amendment to Section 314.043(b), Transportation
3-17 Code, by this Act applies only to notice required by Section
3-18 314.043(a), Transportation Code, provided on or after the effective
3-19 date of this Act. Notice provided before the effective date of
3-20 this Act is covered by the law in effect when the notice was
3-21 provided, and the former law is continued in effect for that
3-22 purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1050 was passed by the House on May
11, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1050 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1050 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor