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A BILL TO BE ENTITLED
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AN ACT
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relating to liability arising out of the filing of a mechanic's, |
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contractor's, or materialman's lien. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.002, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) A person claiming a lien under Chapter 53, Property |
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Code, or the claimant's representative, is not liable under this |
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section for the making, presentation, or use of a document or other |
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record in connection with the assertion of the claim if: |
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(1) the claimant or the representative who makes, |
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presents, or uses the document believes in good faith the lien is |
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valid; or |
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(2) the lien is invalid only because of a technical |
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error or omission in the document or other record being made, |
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presented, or used. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |