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A BILL TO BE ENTITLED
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AN ACT
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relating to a person who is entitled to claim a lien on certain |
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assets. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 5, Property Code, is amended by |
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adding Chapter 64 to read as follows: |
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CHAPTER 64. SECURITY SERVICES CONTRACTOR'S LIEN |
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Sec. 64.001. DEFINITIONS. In this chapter: |
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(1) "Security services" means the activities listed in |
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Section 1702.102(a), Occupations Code. |
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(2) "Security services contractor" has the meaning |
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assigned by Section 1702.002, Occupations Code. |
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Sec. 64.002. LIEN. A security services contractor who |
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provides security services for a commercial entity under a contract |
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with the commercial entity has a lien under this chapter for the |
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amount owed under the contract. |
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Sec. 64.003. PROPERTY SUBJECT TO LIEN. The lien attaches to |
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the premises for which the security services contractor provided |
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security services under the contract, if owned by the commercial |
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entity that entered into the contract, and to the personal property |
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owned by the commercial entity and located on that premises. |
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Sec. 64.004. SECURING LIEN. Not later than the 30th day |
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after the date the indebtedness accrues, a security services |
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contractor who has not been paid for security services provided and |
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who wishes to claim the lien must: |
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(1) file with the county clerk of the county in which |
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the property is located a copy of an account of the services with an |
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affidavit verifying the account by the party making the account; |
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and |
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(2) serve a copy of the account and affidavit on the |
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commercial entity that owns the property or the entity's agent, |
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receiver, or trustee. |
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Sec. 64.005. DURATION OF LIEN. A lien created under this |
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chapter expires on the first anniversary of the date it is secured, |
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unless the security services contractor has sued to foreclose the |
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lien. |
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Sec. 64.006. RELEASE OF CLAIM OR LIEN. (a) When a debt for |
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security services is satisfied, the security services contractor |
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shall, not later than the 10th day after the date the security |
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services contractor receives a written request, furnish to the |
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requesting person a release of the indebtedness and any lien |
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claimed, to the extent of the indebtedness paid. |
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(b) A release of lien must be in a form that permits the |
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instrument to be filed of record. |
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SECTION 2. The change in law made by Chapter 64, Property |
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Code, as added by this Act, applies only to a contract for security |
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services entered into or renewed on or after the effective date of |
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this Act. A contract entered into or renewed before the effective |
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date of this Act is governed by the law in effect when the contract |
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was entered into or renewed, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |