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Amend HB 1513 on third reading by inserting the following
appropriately numbered SECTIONS and renumbering existing SECTIONS
of the bill accordingly:
SECTION ____. Section 162.001(c), Property Code, is amended
to read as follows:
(c) A fee payable to a contractor is not considered trust
funds if:
(1) the [If a] contractor and property owner have
entered into a written construction contract for the improvement of
specific real property in this state before the commencement of
construction of the improvement and the contract provides for the
payment by the owner of the costs of construction and a reasonable
fee specified in the contract payable to the contractor; and
(2) [,] the fee is earned as provided by the contract
and paid to the contractor or disbursed from a construction account
described by Section 162.006, if applicable [is not considered
trust funds].
SECTION ____. Section 162.003, Property Code, is amended to
read as follows:
Sec. 162.003. BENEFICIARIES OF TRUST FUNDS. (a) An
artisan, laborer, mechanic, contractor, subcontractor, or
materialman who labors or who furnishes labor or material for the
construction or repair of an improvement on specific real property
in this state is a beneficiary of any trust funds paid or received
in connection with the improvement.
(b) A property owner is a beneficiary of trust funds
described by Section 162.001 in connection with a residential
construction contract, including funds deposited into a
construction account described by Section 162.006.