By Coleman                                            H.B. No. 2056
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to residential construction projects.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 53.251(b), Property Code, is amended to
 1-5     read as follows:
 1-6           (b)  A person must comply with this subchapter in addition to
 1-7     the other applicable provisions of this chapter if that person
 1-8     intends to perfect a mechanic's lien that arises from a claim
 1-9     resulting from a residential construction project.
1-10           SECTION 2. Section 53.255(a), Property Code, is amended to
1-11     read as follows:
1-12           (a)  Before a residential construction contract is executed
1-13     by the owner, the original contractor who intends to seek
1-14     protection under this subchapter shall deliver to the owner a
1-15     disclosure statement described in this section.
1-16           SECTION 3. Section 53.257, Property Code, is amended to read
1-17     as follows:
1-18           (a)  If the owner is obtaining third-party financing for the
1-19     construction of improvements under a residential construction
1-20     contract, the lender shall deliver to the owner and the original
1-21     contractor all documentation relating to the closing of the loan
1-22     not later than three [one] business days before the date of the
 2-1     closing.  If a bona fide emergency of another good cause exists and
 2-2     the lender obtains the written consent of the owner, the lender may
 2-3     provide the documentation to the owner or the lender may modify
 2-4     previously provided documentation on the date of closing.
 2-5           SECTION 4. Section 53.259, Property Code, is amended by
 2-6     amending Subsection (a) and Subsection (b) to read as follows:
 2-7           (a)  In connection with [As a condition of] final payment
 2-8     under a residential construction contract, the original contractor
 2-9     shall, at the time the final payment is tendered, execute and
2-10     deliver to the owner's agent, an affidavit stating that the
2-11     original contractor has paid or will pay each person pursuant to
2-12     their contract with the original contractor [in full] for all labor
2-13     and materials used in the construction of improvements on the real
2-14     property. If the original contractor has not paid each person in
2-15     full, the original contractor shall state in the affidavit the
2-16     total amount believed to be owed [and the name and, if known, the
2-17     address and telephone number of each person to whom a payment is
2-18     owed] and agree to protect the owner and the owner's real property
2-19     from any mechanic's liens.
2-20           (b)  The seller of any real property on which a structure of
2-21     not more than four units is constructed and that is intended as the
2-22     principal place of residence for the purchaser shall, at the
2-23     closing of the purchase of the real property, execute and deliver
2-24     to the purchaser, or the purchaser's agent, an affidavit stating
2-25     that the seller has paid or will pay each person pursuant to their
2-26     contract with the seller [in full] for all labor and materials used
 3-1     in the construction of improvements on the real property and that
 3-2     the seller is not indebted to any person by reason of any
 3-3     construction.  In the event that the seller has not paid each
 3-4     person pursuant to their contract with the seller [in full], the
 3-5     seller shall state in the affidavit the total amount owed [and the
 3-6     name and, if known, the address and telephone number of each person
 3-7     to whom a payment is owed] and agree to protect the purchaser and
 3-8     the real property from any mechanic's liens.
 3-9           SECTION 5. This Act takes effect September 1, 2001.