82R4790 NC-F

By: Deshotel H.B. No. 1860

A BILL TO BE ENTITLED

AN ACT

relating to a mechanic's, contractor's, or materialman's lien for removables.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 53, Property Code, is amended by adding Section 53.0011 to read as follows:

Sec. 53.0011. DEFINITION OF REMOVABLE. (a) In this chapter, "removable" means material installed on land or on a preexisting improvement on the land that can be removed after installation without damage to the material, land, or preexisting improvement.

(b) Examples of removables include decking materials, counters, countertops, carpets, carpet pads, windows, doors, shower doors, sinks, toilets, bath fixtures, bathtubs, whirlpools, spa equipment, steam units, dry saunas, water heaters, safes, plumbing valves, plumbing fixtures, window treatments, drapery, pool equipment, air conditioning units, electrical control panels, fireplace mantels, decorative columns, paneling, custom carved moldings, elevators, elevator controls, light fixtures, uninstalled exterior stones, wrought-iron fencing, landscape plants, palm trees, and built-in appliances, including dishwashers, ovens, ranges, and wine cooler units.

(c) Examples of materials that are not removables include paint, lumber for framing a structure, concrete used in foundations, parking areas or driveways, inground swimming pools, tile floors, wiring, and rough-in plumbing.

SECTION 2. Subchapter B, Chapter 53, Property Code, is amended by adding Section 53.027 to read as follows:

Sec. 53.027. REMOVABLES LIEN. A lien for a removable item extends only to the item and does not extend to the land on which the removable item is located or to other improvements on the land.

SECTION 3. Sections 53.054(a) and (c), Property Code, are amended to read as follows:

(a) The affidavit must be signed by the person claiming the lien or by another person on the claimant's behalf and must contain substantially:

(1) a sworn statement of the amount of the claim;

(2) the name and last known address of the owner or reputed owner;

(3) a [general] statement of the [kind of] work done and materials furnished by the claimant and, for a claimant other than an original contractor, a statement of each month in which the work was done and materials furnished for which payment is requested;

(4) the name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor;

(5) the name and last known address of the original contractor;

(6) a description, legally sufficient for identification, of the property sought to be charged with the lien;

(7) the claimant's name, mailing address, and, if different, physical address; and

(8) for a claimant other than an original contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent.

(c) The affidavit is not required to set forth individual items of work done or material furnished or specially fabricated, except the affidavit must distinguish between a claim for work done and a claim for material furnished or specially fabricated, and a claim for material must describe the category or type of material, using terms listed in Section 53.0011(b) or (c) where appropriate, in a manner that will distinguish between a permanent fixture and a removable. The affidavit may use any abbreviations or symbols customary in the trade.

SECTION 4. The change in law made by this Act applies only to a lien relating to a contract entered into on or after the effective date of this Act. A lien relating to a contract entered into before the effective date of this Act is governed by the law in effect on the date the contract was entered into, and that law is continued in effect for that purpose.

SECTION 5. This Act takes effect January 1, 2012.