85R2003 BEE-F
 
  By: Hinojosa S.B. No. 1506
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to mechanic's, contractor's, or materialman's liens;
  authorizing a fee; changing the eligibility for community
  supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3503.051(3), Insurance Code, is amended
  to read as follows:
               (3)  "Notice of claim" means a written notification by
  a claimant who makes a claim for payment from the surety
  company.  The term does not include a routine statutory notice
  required by [Section 53.056(b), 53.057, 53.058, 53.252(b), or
  53.253, Property Code, or] Section 2253.047, Government Code.
         SECTION 2.  Section 53.001, Property Code, is amended by
  amending Subdivisions (2), (12), (13), and (14) and adding
  Subdivisions (2-a), (3-a), (5-a), (5-b), (5-c), (7-a), and (7-b) to
  read as follows:
               (2)  "Improved" means, in reference to real property,
  having an improvement, as defined by this section.
               (2-a)  "Improvement" means a house, building, or other
  improvement to the real property of an owner.  The term includes:
                     (A)  improvements constructed adjacent to the
  real property under an original contract with the owner, including
  [abutting] sidewalks and streets and utilities in or on those
  sidewalks and streets;
                     (B)  clearing, grubbing, draining, or fencing of
  land;
                     (C)  wells, cisterns, tanks, reservoirs, or
  artificial lakes or pools made for supplying or storing water;
                     (D)  pumps, siphons, and windmills or other
  machinery or apparatuses used for raising water for stock, domestic
  use, or irrigation; [and]
                     (E)  planting orchard trees, grubbing out
  orchards and replacing trees, and pruning of orchard trees;
                     (F)  levees or embankments erected for the
  reclamation of overflow land along a river or creek; and
                     (G)  railroads.
               (3-a)  "Lien website" means the Internet website
  established under Subchapter A-1.
               (5-a)  "Notice of commencement" means a notice
  described by Section 53.125.
               (5-b)  "Notice of demand" means a notice described by
  Section 53.0521.
               (5-c)  "Notice of furnishing" is a notice required
  under Section 53.0561.
               (7-a)  "Owner" means a person who owns any interest in
  real property or an authorized agent, trustee, or receiver of the
  person.
               (7-b)  "Reputed owner" means a person who is:
                     (A)  identified as an owner in a notice of
  commencement required under this chapter or in an original contract
  for an improvement; or
                     (B)  generally considered or reputed to be the
  owner of the real property being improved.
               (12)  "Specially fabricated material" means material
  fabricated for use as a component of the construction or repair of
  an improvement so as to be reasonably unsuitable for use elsewhere.
               (13)  "Subcontractor" means a person who has furnished
  labor or materials to fulfill an obligation to an original
  contractor or to a subcontractor of any tier to perform all or part
  of the work required by an original contract.
               (14)  "Work" means any part of labor done, material
  furnished, or materials specially fabricated for the construction
  or repair of an improvement performed under an original contract.
         SECTION 3.  Section 53.003, Property Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (e) to read
  as follows:
         (a)  This section applies to notices required by this chapter 
  [Subchapters B through G and K].  In this section, "notice" includes
  any written communication required under this chapter.
         (c)  If a notice is sent by registered or certified mail,
  deposit or mailing of the notice in the United States mail in the
  form required constitutes compliance with the notice requirement.  
  The effective date of the notice is the date the notice is deposited
  in the United States mail.  This subsection does not apply if the
  law requires receipt of the notice by the person to whom it is
  directed.
         (e)  A notice to an owner may be filed on the lien website
  under the protocols established for the website for receipt of the
  notice.  A notice may be sent by an owner by filing the notice on the
  lien website or by e-mail with an electronic record of delivery to
  the e-mail address provided to the owner in a notice of furnishing
  by a person required to be provided with the notice.  The effective
  date of the notice is the date the notice is sent to the lien website
  under the website's protocols or the date the e-mail is sent.  An
  e-mail sent to a recipient is prima facie evidence of delivery of a
  message to an e-mail address to which it is sent.
         SECTION 4.  Subchapter A, Chapter 53, Property Code, is
  amended by adding Section 53.004 to read as follows:
         Sec. 53.004.  COMPUTATION OF TIME.  In computing the period
  of days in which to provide a notice or to take an action required
  under this chapter, if the last day of the period is a Saturday,
  Sunday, or legal holiday, the period is extended to include the next
  day that is not a Saturday, Sunday, or legal holiday.
         SECTION 5.  Chapter 53, Property Code, is amended by adding
  Subchapter A-1 to read as follows:
  SUBCHAPTER A-1. LIEN WEBSITE
         Sec. 53.011.  LIEN WEBSITE. (a)  The secretary of state
  shall establish and maintain a lien website through the state
  electronic Internet portal, as defined by Section 2054.003,
  Government Code.
         (b)  The secretary of state may adopt rules and forms
  necessary to implement this subchapter.
         Sec. 53.012.  POSTING ON LIEN WEBSITE. The lien website must
  provide an online form for each notice or written communication
  required by this chapter that complies with the content
  requirements of this chapter for the notice or communication.  The
  lien website must allow a person to electronically obtain a form and
  post the notice or written communication on the lien website.
         Sec. 53.013.  SEARCHING LIEN WEBSITE. The lien website must
  allow a person to search the notices and written communications
  posted on the website with a full or partial:
               (1)  owner name;
               (2)  project name;
               (3)  project address;
               (4)  project real property legal description;
               (5)  original contractor name; or
               (6)  name of person posting a notice or written
  communication.
         Sec. 53.014.  FEES.  (a)  Notwithstanding Section 2054.2591,
  Government Code, and except as provided by Subsection (b), the
  secretary of state may not charge a fee for a person to:
               (1)  electronically obtain a form or post a notice or
  written communication on the lien website; or
               (2)  use the search functions of the lien website.
         (b)  The secretary of state may charge a fee for a person to
  post a notice of commencement on the lien website.
         SECTION 6.  Section 53.021(a), Property Code, is amended to
  read as follows:
         (a)  A person has a lien if:
               (1)  the person labors, specially fabricates material,
  or furnishes labor or materials for construction or repair in this
  state of an[:
                     [(A)  a house, building, or] improvement;
                     [(B)     a levee or embankment to be erected for the
  reclamation of overflow land along a river or creek; or
                     [(C)  a railroad;] and
               (2)  the person labors, specially fabricates the
  material, or furnishes the labor or materials under or arising out
  [by virtue] of an express [a] contract or contract implied by law
  between the person and [with] the owner or the owner's agent,
  trustee, receiver, contractor, or subcontractor.
         SECTION 7.  Section 53.022, Property Code, is amended by
  amending Subsection (a) and adding Subsections (b-1) and (e) to
  read as follows:
         (a)  The lien extends to the interest of the owner or the
  owner's successor in interest to the real property in the house,
  building, fixtures, or improvements, the land reclaimed from
  overflow, or the railroad and all of its properties, and to each lot
  of land necessarily connected or reclaimed.
         (b-1)  If an improvement is constructed on real property that
  is adjacent to the real property of the owner who entered into the
  original contract for the improvements and the adjacent property is
  not owned by the owner, the lien extends only to the real property
  of the owner and not to the adjacent property.
         (e)  A lien arising from work performed on common elements of
  a condominium governed by Chapter 81 or 82 extends to each unit
  owning an interest in the common elements being improved, and is
  apportioned based on the relative ownership interests of each unit
  in the common elements being improved, if:
               (1)  the inception of the lien is after the date the
  declaration establishing the condominium was recorded; and
               (2)  the work was performed under a contract with the
  council of owners, the unit owners' association of the condominium,
  or all of the owners of the units owning an interest in the common
  elements being improved.
         SECTION 8.  Section 53.024, Property Code, is amended to
  read as follows:
         Sec. 53.024.  LIMITATION ON SUBCONTRACTOR'S LIEN.  The
  amount of a lien claimed by a subcontractor may not exceed:
               (1)  an amount equal to the proportion of the total
  subcontract price, including all additional amounts to which the
  subcontractor is entitled as an adjustment to the subcontract, that
  the sum of the labor performed, materials furnished, materials
  specially fabricated, reasonable overhead costs incurred, and
  proportionate profit margin bears to the total subcontract price;
  minus
               (2)  the sum of previous payments received by the
  claimant on the subcontract.
         SECTION 9.  Section 53.026(a), Property Code, is amended to
  read as follows:
         (a)  Except as provided by Section 53.0561, a [A] person who
  labors, specially fabricates materials, or furnishes labor or
  materials under a direct contractual relationship with another
  person is considered to be in direct contractual relationship with
  the owner and has a lien as an original contractor, if:
               (1)  the owner [contracted with the other person for
  the construction or repair of a house, building, or improvements
  and the owner] can effectively control that other person or that
  other person can effectively control the owner through ownership of
  voting stock, interlocking directorships, or otherwise; or
               (2)  the owner contracted with the other person for the
  construction or repair of a house, building, or improvements [and
  that other person can effectively control the owner through
  ownership of voting stock, interlocking directorships, or
  otherwise; or
               [(3)     the owner contracted with the other person for
  the construction or repair of a house, building, or improvements]
  and the contract was made without good faith intention of the
  parties that the other person was to perform the contract.
         SECTION 10.  Section 53.052, Property Code, is amended to
  read as follows:
         Sec. 53.052.  FILING OF LIEN CLAIM AFFIDAVIT.  (a)  Except as
  provided by Subsection (b) or Section 53.0521, an original
  contractor or subcontractor [the person] claiming a [the] lien
  under this chapter must file a lien claim [an] affidavit as provided
  by Subsection (c) [with the county clerk of the county in which the
  property is located or into which the railroad extends] not later
  than the 15th day of the fourth calendar month after the date the
  work under the original contract is completed or the original
  contract is terminated [day on which the indebtedness accrues].
         (b)  Except as provided by Section 53.0521, an original
  contractor or subcontractor [A person] claiming a lien on [arising
  from] a residential construction project must file a lien claim
  [an] affidavit as provided by Subsection (c) [with the county clerk
  of the county in which the property is located] not later than the
  15th day of the third calendar month after the date the work under
  the original contract is completed or the original contract is
  terminated [day on which the indebtedness accrues].
         (c)  A lien claim affidavit must be filed with the county
  clerk of the county in which the property is located or into which
  the railroad extends. The county clerk shall record the affidavit
  in records kept for that purpose and shall index and cross-index the
  affidavit in the names of the claimant, the original contractor,
  and the owner. Failure of the county clerk to properly record or
  index a filed affidavit does not invalidate the lien.
         (d)  For purposes of this section, an original contract is
  terminated on the date an owner posts a notice of termination on the
  lien website.  If a notice of commencement has not been filed and
  posted as required by Section 53.125, the owner must send a notice
  of termination to each person who has filed a notice of furnishing.
         SECTION 11.  Subchapter C, Chapter 53, Property Code, is
  amended by adding Section 53.0521 to read as follows:
         Sec. 53.0521.  NOTICE OF DEMAND.  (a)  If work under an
  original contract has been completed or the original contract has
  been terminated, an owner may send a notice of demand to the
  original contractor or subcontractor requesting the contractor or
  subcontractor to file a lien claim affidavit.  If the notice is
  based on the termination of the original contract, the notice must
  state that the original contract was terminated and the date of the
  termination.  An owner may not send the notice before the original
  contract has been terminated.  A notice sent before work under the
  original contract has been completed is effective only as to a
  claimant that has completed the claimant's work and is void as to
  any other claimant.
         (b)  For purposes of this section, an original contract is
  terminated on the date an owner posts a notice of termination on the
  lien website.  If a notice of commencement has not been filed and
  posted as required by Section 53.125, the owner must send a notice
  of termination to each person who has filed a notice of furnishing.
         (c)  Notwithstanding Section 53.003, a notice of demand must
  be sent by registered or certified mail to a subcontractor at the
  subcontractor's address provided by the notice of furnishing or to
  an original contractor at the original contractor's last known
  address.
         (d)  If an owner sends a notice of demand, a claimant that has
  completed the claimant's work must, not later than the 30th day
  after the date the notice of demand is sent, file a lien claim
  affidavit for a claim the claimant has not included in a previously
  filed lien claim affidavit.
         (e)  A claimant that has not completed the claimant's work on
  the date the owner sends a notice of demand must file a lien claim
  affidavit as provided by Section 53.052(a) or (b), as applicable.
         (f)  An original contractor or subcontractor waives any
  statutory lien rights that have not been perfected if the
  contractor or subcontractor does not comply with this section.
         (g)  A notice of demand must be conspicuously printed in bold
  type and in all capital letters not smaller than 10-point type and
  must state the following:
  "NOTICE OF DEMAND
         "WARNING: THIS NOTICE BRIEFLY SUMMARIZES LEGAL REQUIREMENTS
  STATED BY SECTION 53.0521, PROPERTY CODE. YOU SHOULD CONSULT AN
  ATTORNEY TO FULLY UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.
         "THE OWNER IS DEMANDING THAT YOU FILE A LIEN CLAIM AFFIDAVIT
  NOT LATER THAN THE 30TH DAY AFTER THE DATE THIS NOTICE WAS SENT TO
  YOU. IF THE ORIGINAL CONTRACT HAS BEEN TERMINATED OR IF YOU HAVE
  COMPLETED YOUR WORK, YOU ARE REQUIRED, NOT LATER THAN THE 30TH DAY
  AFTER THE DATE THIS NOTICE WAS SENT TO YOU, TO FILE YOUR LIEN CLAIM
  AFFIDAVIT FOR ANY CLAIMS YOU HAVE NOT INCLUDED IN A LIEN CLAIM
  AFFIDAVIT YOU HAVE PREVIOUSLY FILED OR YOU MAY LOSE ANY STATUTORY
  LIEN RIGHTS THAT YOU HAVE NOT PREVIOUSLY PERFECTED.
         "IF THE ORIGINAL CONTRACT IS NOT TERMINATED OR YOU HAVE NOT
  COMPLETED YOUR WORK, THE DEADLINE TO FILE YOUR LIEN CLAIM AFFIDAVIT
  IS PROVIDED BY SECTION 53.052(a) OR (b), PROPERTY CODE."
         SECTION 12.  The heading to Section 53.054, Property Code,
  is amended to read as follows:
         Sec. 53.054.  CONTENTS OF LIEN CLAIM AFFIDAVIT.
         SECTION 13.  Section 53.054, Property Code, is amended by
  amending Subsections (a) and (c) to read as follows:
         (a)  The lien claim 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 furnishing [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.
  The affidavit may use any broad descriptive terms, abbreviations,
  or symbols customary in the trade to describe the work done or
  material furnished.
         SECTION 14.  Section 53.055, Property Code, is amended to
  read as follows:
         Sec. 53.055.  NOTICE OF FILED LIEN CLAIM AFFIDAVIT.  (a)  A
  person who files a lien claim [an] affidavit must send a copy of the
  affidavit by registered or certified mail to the owner or reputed
  owner at the owner's last known business or residence address or
  file a copy with the lien website not later than the 10th [fifth]
  day after the date the affidavit is filed with the county clerk.
         (b)  If the person is not an original contractor, and the
  person has not filed a copy of the affidavit with the lien website
  under Subsection (a), the person must also send a copy of the
  affidavit to the original contractor at the original contractor's
  last known business or residence address in [within] the same
  manner and time that the affidavit must be sent to the owner under
  Subsection (a) [period].
         SECTION 15.  Subchapter C, Chapter 53, Property Code, is
  amended by adding Section 53.0561 to read as follows:
         Sec. 53.0561.  NOTICE OF FURNISHING.  (a) A person who
  contracts with a person other than the owner and who has a lien as an
  original contractor under Section 53.026(a) must give a notice of
  furnishing to the owner or reputed owner for the lien to be valid.  A
  claimant other than an original contractor must give a notice of
  furnishing to the owner or reputed owner and the original
  contractor for the claimant's lien to be valid.
         (b)  The notice of furnishing must include:
               (1)  a general description of the labor or material
  furnished or to be furnished by the claimant and, for specially
  fabricated material, a separate description of the specially
  fabricated material, that may include a list of individual items of
  work or material or use terms, abbreviations, or symbols customary
  in the trade;
               (2)  the name, address, and telephone number of the
  claimant;
               (3)  the e-mail address of the claimant, if the
  claimant wants to receive notices of filings on the lien website;
               (4)  the name, address, and telephone number of the
  person with whom the claimant contracted to furnish the labor or
  material;
               (5)  a legal description, street address, or other
  description that identifies the real property to which the labor or
  material was furnished or will be furnished; and
               (6)  a conspicuous statement in bold type as follows:
         "THIS IS NOT A LIEN OR A CLAIM FOR A LIEN. THIS IS ONLY A
  NOTICE TO THE OWNER THAT A CONTRACTOR IS FURNISHING OR INTENDS TO
  FURNISH LABOR OR MATERIAL TO THE PROJECT. THIS NOTICE IS REQUIRED TO
  PRESERVE THE CONTRACTOR'S LIEN RIGHTS UNDER CHAPTER 53, PROPERTY
  CODE."
         (c)  Except as provided by Subsection (d), the notice of
  furnishing does not preserve a lien right for labor performed or
  material furnished or specially fabricated earlier than 45 days
  before the date the notice is provided as required by this section.
         (d)  If the owner has filed and posted a notice of
  commencement as required by Section 53.125 before the subcontractor
  begins performing labor or furnishing or specially fabricating
  material, the notice of furnishing does not preserve a lien right
  for labor performed or material furnished or specially fabricated
  by the subcontractor earlier than 15 days before the date the notice
  of furnishing is provided.
         (e)  Only one notice of furnishing to an owner is required
  for all labor or material furnished or to be furnished by each
  subcontractor. If a subcontractor contracts to perform work for
  the improvement of the owner's property under more than one
  original contract, the subcontractor must identify each original
  contract in the notice of furnishing or must furnish separate
  notices of furnishing for each original contract.
         (f)  The notice of furnishing is not invalid if, after the
  date of the notice, the subcontractor furnishes labor or material
  that is not within the scope of the notice's general description of
  the labor and material furnished or to be furnished.
         (g)  A notice of furnishing that does not include the
  subcontractor's e-mail address is not invalid.
         SECTION 16.  Subchapter C, Chapter 53, Property Code, is
  amended by adding Section 53.059 to read as follows:
         Sec. 53.059.  NOTICE OF COMPLETION. (a)  If an owner has
  filed or has posted on the lien website a notice of commencement as
  required by Section 53.125 and the work under an original contract
  has been completed or the original contract has been terminated,
  the owner may file a notice of completion with the county clerk of
  the county in which the owner's property is located and post the
  notice on the lien website.  The notice must contain:
               (1)  the name and address of the owner;
               (2)  the name and address of each original contractor
  covered by the notice;
               (3)  a description, legally sufficient for
  identification, of the real property on which the improvements are
  located;
               (4)  a description of the work furnished under an
  original contract covered by the notice;
               (5)  a statement that the work under an original
  contract covered by the notice has been completed or that the
  original contract was terminated; and
               (6)  the date of the completion or termination.
         (b)  Not later than the 10th day after the notice of
  completion is posted on the lien website, the owner must send a copy
  of the notice:
               (1)  to each original contractor identified in the
  notice; and
               (2)  by e-mail to each claimant that has sent a notice
  of furnishing to the owner and has provided an e-mail address to the
  owner.
         (c)  For purposes of Section 53.052, the later of the date
  the notice of completion is filed or the date the notice is posted
  on the lien website is considered the date the work under an
  original contract identified in the notice is completed or the
  original contract is terminated.  This subsection does not apply to
  a person to whom the notice of completion was not sent as required
  by this section.
         (d)  Except as provided by Subsection (e), the notice of
  completion must contain the following statement in bold type in all
  capital letters: 
         "A CLAIMANT WILL LOSE THE RIGHT TO PERFECT A LIEN IF THE
  CLAIMANT DOES NOT FILE A LIEN CLAIM AFFIDAVIT ON OR BEFORE THE 15TH
  DAY OF THE FOURTH MONTH AFTER THE DATE OF COMPLETION OF THE WORK."
         (e)  The notice of completion for a residential construction
  project must contain the following statement in bold type in all
  capital letters:
         "A CLAIMANT WILL LOSE THE RIGHT TO PERFECT A LIEN IF THE
  CLAIMANT DOES NOT FILE A LIEN CLAIM AFFIDAVIT ON OR BEFORE THE 15TH
  DAY OF THE THIRD MONTH AFTER THE DATE OF COMPLETION OF THE WORK."
         SECTION 17.  Section 53.081, Property Code, is amended to
  read as follows:
         Sec. 53.081.  AUTHORITY TO WITHHOLD FUNDS FOR BENEFIT OF
  CLAIMANTS.  [(a)] If a lien claim affidavit is filed by a
  subcontractor or if an owner receives notice under Section 53.055
  [53.056, 53.057, 53.058, 53.252, or 53.253], the owner may withhold
  from payments due or to become due to the original contractor an
  amount necessary to pay the claim stated in the lien claim
  affidavit, except to the extent that the owner is already
  withholding payment for the amount of the claim from the original
  contractor as retainage or otherwise [for which he receives
  notice].
         [(b)     If notice is sent in a form that substantially complies
  with Section 53.056 or 53.252, the owner may withhold the funds
  immediately on receipt of the notice.
         [(c)     If notice is sent under Section 53.057, the owner may
  withhold funds immediately on receipt of a copy of the claimant's
  affidavit prepared in accordance with Sections 53.052 through
  53.055.
         [(d)     If notice is sent under Section 53.058, the owner may
  withhold funds immediately on receipt of the notices sent under
  Subsection (e) of that section. If notice is sent as provided by
  Section 53.253(b), the owner may withhold funds immediately on
  receipt of the notice sent as required by Section 53.252.]
         SECTION 18.  Section 53.082, Property Code, is amended to
  read as follows:
         Sec. 53.082.  TIME FOR WHICH FUNDS ARE WITHHELD.  The owner
  may retain funds under Section 53.081 until [Unless] payment is
  made under Section 53.0831 [53.083] or the claim is otherwise
  settled or [,] discharged [, indemnified against] under Section
  53.157 [Subchapter H or I,] or determined to be invalid by a final
  judgment of a court[, the owner shall retain the funds withheld
  until:
               [(1)     the time for filing the affidavit of mechanic's
  lien has passed; or
               [(2)     if a lien affidavit has been filed, until the lien
  claim has been satisfied or released].
         SECTION 19.  Subchapter D, Chapter 53, Property Code, is
  amended by adding Section 53.0831 to read as follows:
         Sec. 53.0831.  DEMAND FOR NOTICE OF DISPUTE; PAYMENT OF
  CLAIM.  (a)  If a lien claim affidavit is filed by a claimant, the
  owner may demand in writing that the original contractor notify the
  owner of whether the original contractor intends to dispute the
  claim.  The owner shall send a copy of the demand to the claimant and
  shall furnish the original contractor with a copy of the lien claim
  affidavit.
         (b)  If the original contractor does not give the owner and
  the claimant written notice of the original contractor's intent to
  dispute the claim before the 30th day after the date of receipt of
  the demand, the original contractor is considered to agree to the
  demand and the owner may pay the claim when the claim becomes due.
         SECTION 20.  Subchapter D, Chapter 53, Property Code, is
  amended by adding Section 53.0841 to read as follows:
         Sec. 53.0841.  PERSONAL LIABILITY FOR LIENS.  (a)  Except as
  provided by Subsection (b), an owner is personally liable for the
  aggregate amount of the liens perfected on the owner's property
  under this chapter.  An owner's personal liability is not affected
  by a subsequent foreclosure or other transfer of the owner's
  interest in all or part of the property.
         (b)  Subject to Section 53.122(b), the aggregate amount of
  liens of the original contractor and the subcontractors may not
  exceed the contract price of the original contract, as may be
  modified, for the work.  Duplicated claims asserted by claimants
  within the same chain of contract may not be added more than once in
  determining the aggregate amount of liens.  For purposes of this
  section, a payment by the owner to the original contractor does not
  reduce the aggregate liability of the owner for liens.
         (c)  A purchaser of property subject to a lien claim under
  this chapter is not personally liable for the lien claim in a
  foreclosure action brought by a claimant, except the purchaser may
  be held liable for costs and attorney's fees awarded under Section
  53.156.
         SECTION 21.  The heading to Section 53.085, Property Code,
  is amended to read as follows:
         Sec. 53.085.  BILLS-PAID AFFIDAVIT REQUIRED.
         SECTION 22.  Section 53.085, Property Code, is amended by
  amending Subsections (a), (b), (c), and (d) to read as follows:
         (a)  Any person who performs work [furnishes labor or
  materials for the construction of improvements on real property]
  shall, if requested and as a condition of payment for such work 
  [labor or materials], provide to the requesting party, or the
  party's agent, a bills-paid [an] affidavit acknowledging the amount
  claimed for payment and stating that the person has paid each of the
  person's subcontractors, laborers, or materialmen in full for all
  labor and materials provided to the person for the construction. In
  the event, however, that the person has not paid each of the
  person's subcontractors, laborers, or materialmen in full, the
  person shall state in the affidavit the amount owed and the name
  and, if known, the address and telephone number of each
  subcontractor, laborer, or materialman to whom the payment is owed.
         (b)  The seller of any real property shall, upon request by
  the purchaser or the purchaser's agent prior to closing of the
  purchase of the real property, provide to the purchaser or the
  purchaser's agent, a written affidavit stating that the seller has
  paid each of the seller's contractors, laborers, or materialmen in
  full for all labor done and materials provided to the seller through
  the date specified in the affidavit for any construction or repair
  of improvements on the real property and that the seller is not
  indebted to any person, firm, or corporation by reason of any such
  construction or repair through the date specified in the affidavit.
  In the event that the seller has not paid each of the seller's
  contractors, laborers, or materialmen in full for labor done and
  material provided through the date specified in the affidavit, the
  seller shall state in the affidavit the amount owed and the name
  and, if known, the address and telephone number of each contractor,
  laborer, or materialman to whom the payment is owed.
         (c)  The affidavit may include:
               (1)  a waiver or release of lien rights or payment bond
  claims by the affiant that is conditioned on the receipt of actual
  payment or collection of funds when payment is made by check or
  draft, as provided by Subchapter L;
               (2)  a warranty or representation that certain bills or
  classes of bills will be paid by the affiant from funds paid in
  reliance on the affidavit and an identification of the specific
  bills that the affiant will not pay from the fund; and
               (3)  an indemnification by the affiant for any loss or
  expense resulting from false or incorrect information in the
  affidavit.
         (d)  A person, including a seller, commits an offense if the
  person intentionally, knowingly, or recklessly makes a false or
  misleading statement in an affidavit under this section. An
  offense under this section is a misdemeanor. A person adjudged
  guilty of an offense under this section shall be punished by a fine
  not to exceed $4,000 or confinement in jail for a term not to exceed
  one year or both a fine and confinement. [A person may not receive
  community supervision for the offense.]
         SECTION 23.  Section 53.122(a), Property Code, is amended to
  read as follows:
         (a)  Perfected [Except as provided by Subchapter E and
  Section 53.124(e), perfected] mechanic's liens that have the same
  inception date are on equal footing without reference to the date of
  filing the lien claim affidavit [claiming the lien].
         SECTION 24.  Section 53.124, Property Code, is amended by
  amending Subsections (a), (c), (d), and (e) and adding Subsection
  (f) to read as follows:
         (a)  Except as provided by Subsection (c) or (e), for
  purposes of Section 53.123, the time of inception of a mechanic's
  lien is the commencement of construction or repair of improvements
  or delivery of materials to the land on which the improvements are
  to be located and on which the materials are to be used.
         (c)  The later of the date the notice of commencement is
  filed or is posted on the lien website is the time of inception of a
  mechanic's lien for the work or material described by the notice
  that is performed or furnished on or after the later of the date the
  notice is filed or posted.  For work or material performed or
  furnished before the date a notice of commencement is filed or
  posted and for work excluded by the notice of commencement, the time
  of inception of a mechanic's lien is provided by Subsection (a).  
  For work under an original contract entered into after a notice of
  completion is filed and posted under Section 53.059, the time of
  inception of a mechanic's lien is the date provided by Subsection
  (a) or the date a new notice of commencement is posted.  [An owner
  and original contractor may jointly file an affidavit of
  commencement with the county clerk of the county in which the land
  is located not later than the 30th day after the date of actual
  commencement of construction of the improvements or delivery of
  materials to the land. The affidavit must contain:
               [(1)  the name and address of the owner;
               [(2)     the name and address of each original contractor,
  known at the time to the owner, that is furnishing labor, service,
  or materials for the construction of the improvements;
               [(3)     a description, legally sufficient for
  identification, of the property being improved;
               [(4)  the date the work actually commenced; and
               [(5)  a general description of the improvement.]
         (d)  If a lien, encumbrance, or mortgage securing an interest
  in the land is filed with the county clerk on or before the date the
  notice is posted, the lien, encumbrance, or mortgage has priority
  over a mechanic's lien with a time of inception that is the date of
  the notice, regardless of the order in which the instruments are
  filed with the county clerk.  [An affidavit filed in compliance with
  this section is prima facie evidence of the date of the commencement
  of the improvement described in the affidavit. The time of
  inception of a mechanic's lien arising from work described in an
  affidavit of commencement is the date of commencement of the work
  stated in the affidavit.]
         (e)  The time of inception of a lien that is created under
  Section 53.021(c)[, (d), or (e)] is the date of recording of a lien
  claim [an] affidavit [of lien] under Section 53.052. The priority
  of a lien claimed by a person entitled to a lien under Section
  53.021(c)[, (d), or (e)] with respect to other mechanic's liens is
  determined by the date of recording. A lien created under Section
  53.021(c)[, (d), or (e)] is not valid or enforceable against a
  grantee or purchaser who acquires an interest in the real property
  before the time of inception of the lien.
         (f)  Unless the landscaping work for which a person may have
  a lien under Section 53.021(d) or the demolition services for which
  a person may have a lien under Section 53.021(e) are included in a
  notice of commencement, the time of inception of a lien under
  Section 53.021(d) or (e) is the date of recording of a lien claim
  affidavit under Section 53.052, and priority is determined by the
  date of recording. Except as provided by this subsection, a lien
  created under Section 53.021(d) or (e) is not valid against a
  grantee or purchaser who acquires an interest in the real property
  before the time of inception of the lien.
         SECTION 25.  Subchapter F, Chapter 53, Property Code, is
  amended by adding Section 53.125 to read as follows:
         Sec. 53.125.  NOTICE OF COMMENCEMENT.  (a)  An owner must
  file a notice of commencement with the county clerk of the county in
  which the real property being improved under an original contract
  is located and post the notice on the lien website.  The notice must
  be acknowledged and be in a form that substantially complies with
  the following:
  "NOTICE OF COMMENCEMENT
  "Improvements will be made to certain real property, and in
  accordance with Chapter 53, Property Code, the following
  information is provided by this notice of commencement:
               "(1)  Legal description and, if applicable, street
  address of property: _______________.
               "(2)  Brief description of work to be performed or
  materials to be furnished: _______________.
               "(3)  Work or materials not included in this notice of
  commencement: _______________.
               "(4)  Owner information or lessee information if the
  lessee contracted for the work:
                     (A)  Name and address: _______________.
                     (B)  Interest in property (check appropriate
  box):
                     □ Fee simple title
                     □ Lease
                     □ Other (explain): _______________.
                     (C)  Name and address of fee simple titleholder to
  property (if different from owner listed above): _______________.
               "(5)  Original contractor(s) for work or designated
  portions of the work (repeat as necessary):
                     (A)  Name and address: _______________.
                     (B)  Contractor's phone number: _______________.
               "(6)  Surety or sureties for original contractor (if
  applicable, a copy of the payment bond is attached):
                     (A)  Name and address: _______________.
                     (B)  Phone number: _______________.
               "(7)  Lender(s) providing financing for the work that
  is securing a mortgage on or a security interest in the property
  (repeat as necessary):
                     (A)  Name and address: _______________.
                     (B)  Lender's phone number: _______________.
               "(8)  Secretary of state's lien website address:
  _______________.
  "Date: ______________
  "_____________ (Owner name)
  "By:_______________ (Signature)
  "(Insert acknowledgment)."
         (b)  Incorrect information contained in the notice of
  commencement furnished by an owner does not adversely affect the
  rights of a lien claimant reasonably relying on the information
  against the owner or the property of the owner.  If a subcontractor
  performs labor or furnishes materials or specially fabricated
  materials described by the notice of commencement and the notice of
  commencement does not identify the original contractor under which
  the labor was performed or materials were furnished or specially
  fabricated at the time the subcontractor first performs the labor
  or furnishes or specially fabricates the materials, the notice of
  furnishing by the subcontractor preserves the lien claimant's
  rights for the period provided by Section 53.0561(c).
         (c)  The owner shall send a copy of the notice of
  commencement to each subcontractor not later than the fifth day
  after the date the owner receives a written request for a copy from
  the subcontractor, unless the subcontractor has received a physical
  copy of the notice.
         (d)  Unless a notice of commencement has been filed and
  posted as required by this section, a subcontractor who has not
  received a physical copy of the notice may request in writing a copy
  from the original contractor or a subcontractor with whom the
  requesting subcontractor has privity of contract. If the original
  contractor or subcontractor has a copy of the notice, the original
  contractor or subcontractor shall send a copy of the notice to the
  requesting subcontractor not later than the fifth day after the
  date of receipt of the written request. If the requesting
  subcontractor does not receive a copy of the notice as required by
  this section, the person failing to send the copy under this
  subsection is liable to the requesting subcontractor for all actual
  expenses reasonably incurred by the requesting subcontractor in
  obtaining the information that would have been contained in the
  notice.
         (e)  A notice of commencement posted on the lien website may
  be amended by the owner by sending the amended notice to the lien
  website. The effective date of the amended notice is the date the
  amended notice is posted on the lien website. The owner shall send
  notice of the amended notice to contractors who have sent a notice
  of furnishing to the owner before the effective date of the amended
  notice of commencement.
         SECTION 26.  Section 53.151(b), Property Code, is amended to
  read as follows:
         (b)  A surety issuing a payment bond or performance bond in
  connection with the work [improvements] has a priority claim over
  other creditors of its principal to contract funds to the extent of
  any loss it suffers or incurs. That priority does not excuse the
  surety from paying any obligations that it may have under its
  payment bonds.
         SECTION 27.  Section 53.153(a), Property Code, is amended to
  read as follows:
         (a)  If an affidavit claiming a mechanic's lien is filed by a
  person other than the original contractor, the original contractor
  shall defend at the original contractor's [his] own expense a suit
  brought on the claim unless the owner is in breach of the owner's
  contractual obligations to the original contractor under the
  original contract.
         SECTION 28.  Section 53.154, Property Code, is amended to
  read as follows:
         Sec. 53.154.  FORECLOSURE.  (a)  A mechanic's lien may be
  foreclosed only on judgment of a court of competent jurisdiction
  foreclosing the lien and ordering the sale of the property subject
  to the lien.
         (b)  A suit to foreclose the lien must be brought in a court
  of competent jurisdiction in the county in which the real property
  that is subject to the lien is located.
         SECTION 29.  Section 53.157, Property Code, is amended to
  read as follows:
         Sec. 53.157.  DISCHARGE OF LIEN.  A mechanic's lien or
  affidavit claiming a mechanic's lien filed under Section 53.052 may
  be discharged of record by:
               (1)  recording a lien release signed by the claimant
  under Section 53.152;
               (2)  failing to institute suit to foreclose the lien
  [in the county in which the property is located] within the period
  prescribed by Section 53.158, 53.175, or 53.208;
               (3)  recording the original or certified copy of a
  final judgment or decree of a court of competent jurisdiction
  providing for the discharge;
               (4)  filing the bond and notice in compliance with
  Subchapter H;
               (5)  filing the bond in compliance with Subchapter I;
  or
               (6)  recording a certified copy of the order removing
  the lien under Section 53.160 and a certificate from the clerk of
  the court that states that no bond or deposit as described by
  Section 53.161 was filed by the claimant within 30 days after the
  date the order was entered.
         SECTION 30.  Section 53.158, Property Code, is amended to
  read as follows:
         Sec. 53.158.  PERIOD FOR BRINGING SUIT TO FORECLOSE LIEN.  
  (a)  Except as provided by Subsection (b), suit must be brought to
  foreclose the lien not later than the first anniversary of [within
  two years after] the last date [day] a claimant may file the lien
  claim affidavit under Section 53.052 [or within one year after
  completion, termination, or abandonment of the work under the
  original contract under which the lien is claimed, whichever is
  later].
         (b)  The period of limitations under Subsection (a) may be
  extended to not later than the second anniversary of the last date
  the claimant may file the affidavit if the claimant enters into a
  written agreement with the then current record owner of the
  property to extend the period and files the written agreement with
  the clerk of the county where all or part of the property is located
  before the expiration of the period provided by Subsection (a).  
  [For a claim arising from a residential construction project, suit
  must be brought to foreclose the lien within one year after the last
  day a claimant may file a lien affidavit under Section 53.052 or
  within one year after completion, termination, or abandonment of
  the work under the original contract under which the lien is
  claimed, whichever is later.]
         SECTION 31.  Section 53.159, Property Code, is amended by
  amending Subsections (a), (b), (c), (d), and (f) to read as follows:
         (a)  If a notice of commencement has not been filed and
  posted as required by Section 53.125, an [An] owner, on written
  request, shall furnish the following information within a
  reasonable time, but not later than the 10th day after the date the
  request is received, to any person furnishing labor or materials
  for the project:
               (1)  a description of the real property being improved
  legally sufficient to identify it;
               (2)  whether there is a surety bond and if so, the name
  and last known address of the surety and a copy of the bond;
               (3)  whether there are any prior recorded liens or
  security interests on the real property being improved and if so,
  the name and address of the person having the lien or security
  interest; and
               (4)  the date on which the original contract for the
  project was executed.
         (b)  If a notice of commencement has not been filed and
  posted as required by Section 53.125, an [An] original contractor,
  on written request by a person who furnished work under the original
  contract, shall furnish to the person the following information
  within a reasonable time, but not later than the 10th day after the
  date the request is received:
               (1)  the name and last known address of the person to
  whom the original contractor furnished labor or materials for the
  construction project;
               (2)  whether the original contractor has furnished or
  has been furnished a payment bond for any of the work on the
  construction project and if so, the name and last known address of
  the surety and a copy of the bond; and
               (3)  the date on which the original contract for the
  project was executed.
         (c)  A subcontractor, on written request by an owner of the
  property being improved, the original contractor, a surety on a
  bond covering the original contract, or any person furnishing work
  under the subcontract, shall furnish to the person the following
  information within a reasonable time, but not later than the 10th
  day after the date the request is received:
               (1)  the name and last known address of each person from
  whom the subcontractor purchased labor or materials for the
  construction project, other than those materials that were
  furnished to the project from the subcontractor's inventory;
               (2)  the name and last known address of each person to
  whom the subcontractor furnished labor or materials for the
  construction project; [and]
               (3)  whether the subcontractor has furnished or has
  been furnished a payment bond for any of the work on the
  construction project and if so, the name and last known address of
  the surety and a copy of the bond; and
               (4)  the date the subcontractor first performed labor,
  furnished materials, or specially fabricated materials for the
  construction project for which any claim for payment is being
  sought.
         (d)  Not later than the 30th day after the date a written
  request is received from the owner, the contractor under whom a
  claim of lien or under whom a bond is made, or a surety on a bond on
  which a claim is made, a claimant for a lien or under a bond shall
  furnish to the requesting person a copy of any applicable written
  agreement, purchase order, or contract and any billing, statement,
  or payment request of the claimant reflecting the amount claimed
  and the work performed by the claimant for which the claim is made.
  [If requested, the claimant shall provide the estimated amount due
  for each calendar month in which the claimant has performed labor or
  furnished materials.]
         (f)  A person, other than a claimant requested to furnish
  information under Subsection (d), who fails to furnish information
  as required by this section not posted on the lien website is liable
  to the requesting person for that person's reasonable and necessary
  costs incurred in procuring the requested information.
         SECTION 32.  Section 53.160, Property Code, is amended by
  amending Subsections (b) and (c) to read as follows:
         (b)  The grounds for objecting to the validity or
  enforceability of the claim or lien for purposes of the motion are
  limited to the following:
               (1)  notice of furnishing [claim] was not furnished to
  the owner or original contractor as required by Section 53.0561
  [53.056, 53.057, 53.058, 53.252, or 53.253];
               (2)  a lien claim [an] affidavit [claiming a lien]
  failed to comply with Section 53.054 or was not filed as required by
  Section 53.052;
               (3)  notice of the filed lien claim affidavit was not
  furnished to the owner or original contractor as required by
  Section 53.055 and the owner or original contractor was materially
  prejudiced by the violation;
               (4)  [the deadlines for perfecting a lien claim for
  retainage under this chapter have expired and the owner complied
  with the requirements of Section 53.101 and paid the retainage and
  all other funds owed to the original contractor before:
                     [(A)  the claimant perfected the lien claim; and
                     [(B)     the owner received a notice of the claim as
  required by this chapter;
               [(5)     all funds subject to the notice of a claim to the
  owner and a notice regarding the retainage have been deposited in
  the registry of the court and the owner has no additional liability
  to the claimant;
               [(6)]  when the lien claim affidavit was filed on
  homestead property:
                     (A)  no contract was executed or filed as required
  by Section 53.254; or
                     (B)  the lien claim affidavit [claiming a lien]
  failed to contain the notice as required by Section 53.254; [or
                     [(C)     the notice of the claim failed to include
  the statement required by Section 53.254;] and
               (5) [(7)]  the claimant executed a valid and
  enforceable waiver or release of the claim or lien claimed in the
  affidavit.
         (c)  The claimant is not required to file a response. The
  claimant and any other party that has appeared in the proceeding
  must be notified not later than the 21st day [by at least 21 days]
  before the date of the hearing on the motion. A motion may not be
  heard before the 21st day after the date the claimant answers or
  appears in the proceeding.
         SECTION 33.  Section 53.161(f), Property Code, is amended to
  read as follows:
         (f)  If the claimant fails to file the bond or the deposit in
  lieu of the bond in compliance with this section, the owner may
  file:
               (1)  a certified copy of the order; and
               (2)  a certificate from the clerk of the court stating
  that:
                     (A)  no bond or deposit in lieu of the bond was
  filed before the later of:
                           (i)  the 30th day [within 30 days] after the
  date the order was entered by the court; or
                           (ii)  the date ordered by the court under
  Subsection (b); and
                     (B)  no order staying the order to remove the lien
  was entered by the court.
         SECTION 34.  Section 53.172, Property Code, is amended to
  read as follows:
         Sec. 53.172.  BOND REQUIREMENTS.  The bond must:
               (1)  describe the property on which the liens are
  claimed;
               (2)  refer to each lien claimed in a manner sufficient
  to identify it;
               (3)  be in an amount that is double the amount of the
  liens referred to in the bond unless the total amount claimed in the
  liens exceeds $60,000 [$40,000], in which case the bond must be in
  an amount that is the greater of 1-1/2 times the amount of the liens
  or the sum of $60,000 [$40,000] and the amount of the liens;
               (4)  be payable to the parties claiming the liens;
               (5)  be executed by:
                     (A)  the party filing the bond as principal; and
                     (B)  a corporate surety authorized and admitted to
  do business under the law in this state and licensed by this state
  to execute the bond as surety, subject to Section 3503.005,
  Insurance Code [1, Chapter 87, Acts of the 56th Legislature,
  Regular Session, 1959 (Article 7.19-1, Vernon's Texas Insurance
  Code)]; and
               (6)  be conditioned substantially that the principal
  and sureties will pay to the named obligees or to their assignees
  the amount that the named obligees would have been entitled to
  recover if their claims had been proved to be valid and enforceable
  liens on the property.
         SECTION 35.  Section 53.201(b), Property Code, is amended to
  read as follows:
         (b)  If a valid bond is filed, a claimant may not file suit
  against the owner or the owner's property and the owner is not
  authorized to withhold funds or pay a claimant on demand [relieved
  of obligations] under Subchapter D [or E].
         SECTION 36.  Section 53.202, Property Code, is amended to
  read as follows:
         Sec. 53.202.  BOND REQUIREMENTS.  The bond must:
               (1)  be in a penal sum at least equal to the total of the
  original contract amount;
               (2)  be in favor of the owner;
               (3)  have the written approval of the owner endorsed on
  it;
               (4)  be executed by:
                     (A)  the original contractor as principal; and
                     (B)  a corporate surety authorized and admitted to
  do business in this state and licensed by this state to execute
  bonds as surety, subject to Section 3503.005, Insurance Code [1,
  Chapter 87, Acts of the 56th Legislature, Regular Session, 1959
  (Article 7.19-1, Vernon's Texas Insurance Code)];
               (5)  be conditioned on prompt payment for all labor,
  subcontracts, materials, specially fabricated materials, and
  normal and usual extras not exceeding 15 percent of the contract
  price; and
               (6)  clearly and prominently display on the bond or on
  an attachment to the bond:
                     (A)  the name, mailing address, physical address,
  and telephone number, including the area code, of the surety
  company to which any notice of claim should be sent; or
                     (B)  the toll-free telephone number maintained by
  the Texas Department of Insurance under Subchapter B, Chapter 521,
  Insurance Code, and a statement that the address of the surety
  company to which any notice of claim should be sent may be obtained
  from the Texas Department of Insurance by calling the toll-free
  telephone number.
         SECTION 37.  Section 53.206, Property Code, is amended by
  amending Subsections (a) and (b) to read as follows:
         (a)  To perfect a claim against a bond in a manner other than
  that prescribed by Subchapter C or K for fixing a lien, a person
  must:
               (1)  give to the original contractor a notice of
  furnishing, unless the person has contracted directly with the
  original contractor [all applicable notices under the appropriate
  subchapter]; and
               (2)  give to the surety on the bond a written notice of
  the amount and nature of the claim and a copy of the notice to the
  original contractor within the time period required for filing a
  lien claim affidavit under Section 53.052 [, instead of the owner,
  all notices under the appropriate subchapter required to be given
  to the owner].
         (b)  To perfect a claim under this section, a person is not
  required to [:
               [(1)     give notice to the surety under Section 53.057,
  unless the claimant has a direct contractual relationship with the
  original contractor and the agreed retainage is in excess of 10
  percent of the contract;
               [(2)     give notice to the surety under Section 53.058(b)
  or, if the claim relates to a residential construction project,
  under Section 53.253(c); or
               [(3)]  file any affidavit with the county clerk.
         SECTION 38.  Section 53.255(b), Property Code, is amended to
  read as follows:
         (b)  The disclosure statement must read substantially
  similar to the following:
         "KNOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE LAW. You
  are about to enter into a transaction to build a new home or remodel
  existing residential property. Texas law requires your contractor
  to provide you with this brief overview of some of your rights,
  responsibilities, and risks in this transaction.
         "CONVEYANCE TO CONTRACTOR NOT REQUIRED. Your contractor may
  not require you to convey your real property to your contractor as a
  condition to the agreement for the construction of improvements on
  your property.
         "KNOW YOUR CONTRACTOR. Before you enter into your agreement
  for the construction of improvements to your real property, make
  sure that you have investigated your contractor. Obtain and verify
  references from other people who have used the contractor for the
  type and size of construction project on your property.
         "GET IT IN WRITING. Make sure that you have a written
  agreement with your contractor that includes: (1) a description of
  the work the contractor is to perform; (2) the required or
  estimated time for completion of the work; (3) the cost of the work
  or how the cost will be determined; and (4) the procedure and
  method of payment, including [provisions for statutory retainage
  and] conditions for final payment. If your contractor made a
  promise, warranty, or representation to you concerning the work the
  contractor is to perform, make sure that promise, warranty, or
  representation is specified in the written agreement. An oral
  promise that is not included in the written agreement may not be
  enforceable under Texas law.
         "READ BEFORE YOU SIGN. Do not sign any document before you
  have read and understood it. NEVER SIGN A DOCUMENT THAT INCLUDES AN
  UNTRUE STATEMENT. Take your time in reviewing documents. If you
  borrow money from a lender to pay for the improvements, you are
  entitled to have the loan closing documents furnished to you for
  review at least one business day before the closing. Do not waive
  this requirement unless a bona fide emergency or another good cause
  exists, and make sure you understand the documents before you sign
  them. If you fail to comply with the terms of the documents, you
  could lose your property. You are entitled to have your own
  attorney review any documents. If you have any question about the
  meaning of a document, consult an attorney.
         "GET A LIST OF SUBCONTRACTORS AND SUPPLIERS. Before
  construction commences, your contractor is required to provide you
  with a list of the subcontractors and suppliers the contractor
  intends to use on your project. Your contractor is required to
  supply updated information on any subcontractors and suppliers
  added after the list is provided. Your contractor is not required
  to supply this information if you sign a written waiver of your
  rights to receive this information.
         "MONITOR THE WORK. Lenders and governmental authorities may
  inspect the work in progress from time to time for their own
  purposes. These inspections are not intended as quality control
  inspections. Quality control is a matter for you and your
  contractor. To ensure that your home is being constructed in
  accordance with your wishes and specifications, you should inspect
  the work yourself or have your own independent inspector review the
  work in progress.
         "MONITOR PAYMENTS. If you use a lender, your lender is
  required to provide you with a periodic statement showing the money
  disbursed by the lender from the proceeds of your loan. Each time
  your contractor requests payment from you or your lender for work
  performed, your contractor is also required to furnish you with a
  disbursement statement that lists the name and address of each
  subcontractor or supplier that the contractor intends to pay from
  the requested funds. Review these statements and make sure that the
  money is being properly disbursed.
         "CLAIMS BY SUBCONTRACTORS AND SUPPLIERS. Under Texas law, if
  a subcontractor or supplier who furnishes labor or materials for
  the construction of improvements on your property is not paid, you
  may be [become] liable and your property may be subject to a lien
  for the unpaid amount, even if you have not contracted directly with
  the subcontractor or supplier. To minimize your [avoid] liability,
  you should take the following actions:
               (1)  If you receive a written notice from a
  subcontractor or supplier that describes the labor or materials to
  be furnished for your improvements (referred to as a "notice of
  furnishing"), you should keep that notice in a safe place for at
  least four months after the completion of your improvements [, you
  should withhold payment from your contractor for the amount of the
  claim stated in the notice until the dispute between your
  contractor and the subcontractor or supplier is resolved]. If your
  lender is disbursing money directly to your contractor, you should
  immediately provide a copy of the notice of furnishing to your
  lender [and instruct the lender to withhold payment in the amount of
  the claim stated in the notice. If you continue to pay the
  contractor after receiving the written notice without withholding
  the amount of the claim, you may be liable and your property may be
  subject to a lien for the amount you failed to withhold]. Confirm
  that your contractor has received a copy of each notice of
  furnishing.
               (2)  As a condition to each payment to be made to the
  contractor, including the final payment, you may require the
  contractor to furnish a lien waiver from each subcontractor or
  supplier who sent a notice of furnishing, conditioned only on
  receipt of payment to the subcontractor in the amount specified by
  the lien waiver. The lien waiver should be in the form required by
  statute (Chapter 53, Property Code).  [During construction and for
  30 days after final completion, termination, or abandonment of the
  contract by the contractor, you should withhold or cause your
  lender to withhold 10 percent of the amount of payments made for the
  work performed by your contractor. This is sometimes referred to as
  "statutory retainage.' If you choose not to withhold the 10 percent
  for at least 30 days after final completion, termination, or
  abandonment of the contract by the contractor and if a valid claim
  is timely made by a claimant and your contractor fails to pay the
  claim, you may be personally liable and your property may be subject
  to a lien up to the amount that you failed to withhold.]
         "If a claim is not paid within a certain time period, the
  claimant is required to file a mechanic's lien affidavit in the real
  property records in the county where the property is located. A
  mechanic's lien affidavit is not a lien on your property, but the
  filing of the affidavit could result in a court imposing a lien on
  your property if the claimant is successful in litigation to
  enforce the lien claim.
         "SOME CLAIMS MAY NOT BE VALID. When [you receive a written
  notice of a claim or when] a mechanic's lien affidavit is filed on
  your property, you should know your legal rights and
  responsibilities regarding the claim. Not all claims are valid. In
  order to perfect a valid lien, [A notice of a claim by] a
  subcontractor or supplier is required to send you a notice of
  furnishing and a copy of the subcontractor's or supplier's recorded
  [be sent, and the] mechanic's lien affidavit [is required to be
  filed,] within strict time periods. The notice of furnishing and
  the affidavit must contain certain information. All claimants may
  not fully comply with the legal requirements to collect on a claim.
  If your property is a homestead and you did not enter into a written
  contract with your contractor that complies with the statutory
  requirements for a lien on a homestead, your contractor, the
  subcontractor, or the supplier may not claim a valid lien on your
  property. [If you have paid the contractor in full before receiving
  a notice of a claim and have fully complied with the law regarding
  statutory retainage, you may not be liable for that claim.]
  Accordingly, you should consult your attorney when you receive a
  written notice of a claim to determine the true extent of your
  liability or potential liability for that claim.
         "OBTAIN A LIEN RELEASE AND A BILLS-PAID AFFIDAVIT. [When you
  receive a notice of claim, do not release withheld funds without
  obtaining a signed and notarized release of lien and claim from the
  claimant.] You can [also] reduce the risk of having a claim filed by
  a subcontractor or supplier by requiring as a condition of each
  payment made by you or your lender that your contractor furnish you
  with an affidavit stating that all bills have been paid. Under
  Texas law, on final completion of the work and before final payment,
  the contractor is required to furnish you with an affidavit stating
  that all bills have been paid. If the contractor discloses any
  unpaid bill in the affidavit, you should withhold payment in the
  amount of the unpaid bill until you receive a waiver of lien or
  release from that subcontractor or supplier.
         "OBTAIN TITLE INSURANCE PROTECTION. You may be able to obtain
  a title insurance policy to insure that the title to your property
  and the existing improvements on your property are free from liens
  claimed by subcontractors and suppliers. If your policy is issued
  before the improvements are completed and covers the value of the
  improvements to be completed, you should obtain, on the completion
  of the improvements and as a condition of your final payment,
  a 'completion of improvements' policy endorsement. This
  endorsement will protect your property from liens claimed by
  subcontractors and suppliers that may arise from the date the
  original title policy is issued to the date of the endorsement."
         SECTION 39.  Section 53.259, Property Code, is amended by
  amending Subsections (a) and (c) to read as follows:
         (a)  As a condition of final payment under a residential
  construction contract, the original contractor shall, at the time
  the final payment is tendered, execute and deliver to the owner, or
  the owner's agent, an affidavit acknowledging the amount claimed
  for payment and stating that the original contractor has paid each
  person in full for all labor and materials used in the construction
  of improvements on the real property. If the original contractor
  has not paid each person in full, the original contractor shall
  state in the affidavit the amount owed and the name and, if known,
  the address and telephone number of each person to whom a payment is
  owed.
         (c)  A person commits an offense if the person intentionally,
  knowingly, or recklessly makes a false or misleading statement in
  an affidavit under this section. An offense under this section is a
  misdemeanor. A person adjudged guilty of an offense under this
  section shall be punished by a fine not to exceed $4,000 or
  confinement in jail for a term not to exceed one year or both a fine
  and confinement. [A person may not receive community supervision
  for the offense.]
         SECTION 40.  Section 53.281, Property Code, is amended to
  read as follows:
         Sec. 53.281.  WAIVER AND RELEASE OF LIEN OR PAYMENT BOND
  CLAIM.  (a)  Except as provided by Section 53.287, any [Any] waiver
  and release of a lien or payment bond claim under this chapter is
  unenforceable unless a waiver and release is executed and delivered
  in accordance with this subchapter.
         (b)  A waiver and release is effective to release the owner,
  the owner's property, the contractor, and the surety on a payment
  bond from claims and liens only if:
               (1)  the waiver and release substantially complies with
  one of the forms prescribed by Section 53.284;
               (2)  the waiver and release is signed by the claimant or
  the claimant's authorized agent and acknowledged [notarized]; and
               (3)  in the case of a conditional release, evidence of
  payment to the claimant exists.
         (c)  A waiver and release that substantially complies with a
  form required by Section 53.284 may be combined with a bills-paid
  affidavit that substantially conforms to the requirements of
  Section 53.085 or 53.259.
         SECTION 41.  Section 53.283, Property Code, is amended to
  read as follows:
         Sec. 53.283.  UNCONDITIONAL WAIVER AND RELEASE: PAYMENT
  REQUIRED.  (a)  A person may not require a claimant or potential
  claimant to execute an unconditional waiver and release for a
  progress payment or final payment amount unless the claimant or
  potential claimant received payment in that amount in good and
  sufficient funds.
         (b)  Notwithstanding Subsection (a), a contractual
  requirement for a claimant to waive or release the claimant's lien
  rights under this chapter before performance of the work for which
  the claim for payment is asserted is void.
         (c)  A claimant may tender an unconditional waiver and
  release for payment before the actual receipt of a payment to be
  delivered in trust to an attorney, title insurance company, title
  insurance agent, or federally insured financial institution acting
  as an escrow agent.  The escrow agent may deliver the waiver and
  release only after the claimant has confirmed receipt of payment in
  good and sufficient funds.
         SECTION 42.  Section 53.284, Property Code, is amended by
  amending Subsections (b), (c), (d), and (e) and adding Subsection
  (f) to read as follows:
         (b)  If a claimant or potential claimant is required to
  execute a waiver and release in exchange for or to induce the
  payment of a progress payment and is not paid in exchange for the
  waiver and release or if a single payee check or joint payee check
  is given in exchange for the waiver and release, the waiver and
  release must read:
  "CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
  "Project ___________________
  "Job No. ___________________
         "On receipt by the signer of this document of a check from
  ________________ (maker of check) in the sum of $__________ payable
  to _____________________ (payee or payees of check) and when the
  check has been properly endorsed and has been paid by the bank on
  which it is drawn, this document becomes effective to release any
  mechanic's lien right, any right arising from a payment bond that
  complies with a state or federal statute, any common law payment
  bond right, any claim for payment, and any rights under any similar
  ordinance, rule, or statute related to claim or payment rights for
  persons in the signer's position that the signer has on the property
  of ________________ (owner) located at ______________________
  (location) for [to] the following project [extent]:
  ______________________ (project [job] description).
         "This release covers a progress payment for all labor,
  services, equipment, or materials furnished to the property or to
  __________________ (person with whom signer contracted) as
  indicated in the attached statement(s) or progress payment
  request(s), except for unpaid retention or [,] pending
  modifications and changes [, or other items furnished].
         "Before any recipient of this document relies on this
  document, the recipient should verify evidence of payment to the
  signer.
         "The signer warrants that the signer has already paid or will
  use the funds received from this progress payment to promptly pay in
  full all of the signer's laborers, subcontractors, materialmen, and
  suppliers for all work, materials, equipment, or services provided
  for or to the above referenced project in regard to the attached
  statement(s) or progress payment request(s).
         "Date ____________________________
         "_________________________________ (Company name)
         "By ______________________________ (Signature)
         "_________________________________ (Title)
         "(Insert acknowledgment)"
         (c)  If a claimant or potential claimant is required to
  execute an unconditional waiver and release to prove the receipt of
  good and sufficient funds for a progress payment and the claimant or
  potential claimant asserts in the waiver and release that the
  claimant or potential claimant has been paid the progress payment,
  the waiver and release must:
               (1)  contain a notice at the top of the document,
  printed in bold type at least as large as the largest type used in
  the document, but not smaller than 10-point type, that reads:
  "NOTICE:
         "This document waives rights unconditionally and states that
  you have been paid for giving up those rights.  It is prohibited for
  a person to require you to sign this document if you have not been
  paid the payment amount set forth below.  If you have not been paid,
  use a conditional release form."; and
               (2)  below the notice, read:
  "UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
  "Project ___________________
  "Job No. ___________________
         "The signer of this document has been paid and has received a
  progress payment in the sum of $___________ for all labor,
  services, equipment, or materials furnished to the property or to
  _____________________ (person with whom signer contracted) on the
  property of _______________________ (owner) located at
  ______________________ (location) for [to] the following project
  [extent]: ______________________ (project [job] description).  The
  signer therefore waives and releases any mechanic's lien right, any
  right arising from a payment bond that complies with a state or
  federal statute, any common law payment bond right, any claim for
  payment, and any rights under any similar ordinance, rule, or
  statute related to claim or payment rights for persons in the
  signer's position that the signer has on the above referenced
  project to the following extent:
         "This release covers a progress payment for all labor,
  services, equipment, or materials furnished to the property or to
  __________________ (person with whom signer contracted) as
  indicated in the attached statement(s) or progress payment
  request(s), except for unpaid retention or [,] pending
  modifications and changes [, or other items furnished].
         "The signer warrants that the signer has already paid or will
  use the funds received from this progress payment to promptly pay in
  full all of the signer's laborers, subcontractors, materialmen, and
  suppliers for all work, materials, equipment, or services provided
  for or to the above referenced project in regard to the attached
  statement(s) or progress payment request(s).
         "Date ____________________________
         "_________________________________ (Company name)
         "By ______________________________ (Signature)
         "_________________________________ (Title)
         "(Insert acknowledgment)"
         (d)  If a claimant or potential claimant is required to
  execute a waiver and release in exchange for or to induce the
  payment of a final payment and is not paid in good and sufficient
  funds in exchange for the waiver and release or if a single payee
  check or joint payee check is given in exchange for the waiver and
  release, the waiver and release must read:
  "CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
  "Project ___________________
  "Job No. ___________________
         "On receipt by the signer of this document of a check from
  ________________ (maker of check) in the sum of $____________
  payable to _____________________ (payee or payees of check) and
  when the check has been properly endorsed and has been paid by the
  bank on which it is drawn, this document becomes effective to
  release any mechanic's lien right, any right arising from a payment
  bond that complies with a state or federal statute, any common law
  payment bond right, any claim for payment, and any rights under any
  similar ordinance, rule, or statute related to claim or payment
  rights for persons in the signer's position that the signer has on
  the property of _____________________ (owner) located at
  ______________________ (location) for [to] the following project
  [extent]: ______________________ (project [job] description).
         "This release covers the final payment to the signer for all
  labor, services, equipment, or materials furnished to the property
  or to __________________ (person with whom signer contracted).
         "Before any recipient of this document relies on this
  document, the recipient should verify evidence of payment to the
  signer.
         "The signer warrants that the signer has already paid or will
  use the funds received from this final payment to promptly pay in
  full all of the signer's laborers, subcontractors, materialmen, and
  suppliers for all work, materials, equipment, or services provided
  for or to the above referenced project up to the date of this waiver
  and release.
         "Date ____________________________
         "_________________________________ (Company name)
         "By ______________________________ (Signature)
         "_________________________________ (Title)
         "(Insert acknowledgment)"
         (e)  If a claimant or potential claimant is required to
  execute an unconditional waiver and release to prove the receipt of
  good and sufficient funds for a final payment and the claimant or
  potential claimant asserts in the waiver and release that the
  claimant or potential claimant has been paid the final payment, the
  waiver and release must:
               (1)  contain a notice at the top of the document,
  printed in bold type at least as large as the largest type used in
  the document, but not smaller than 10-point type, that reads:
  "NOTICE:
         "This document waives rights unconditionally and states that
  you have been paid for giving up those rights.  It is prohibited for
  a person to require you to sign this document if you have not been
  paid the payment amount set forth below.  If you have not been paid,
  use a conditional release form."; and
               (2)  below the notice, read:
  "UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
  "Project ___________________
  "Job No. ___________________
         "The signer of this document has been paid in full for all
  labor, services, equipment, or materials furnished to the property
  or to ___________________ (person with whom signer contracted) on
  the property of ______________________ (owner) located at
  ______________________ (location) for [to] the following project
  [extent]: ______________________ (project [job] description).  The
  signer therefore waives and releases any mechanic's lien right, any
  right arising from a payment bond that complies with a state or
  federal statute, any common law payment bond right, any claim for
  payment, and any rights under any similar ordinance, rule, or
  statute related to claim or payment rights for persons in the
  signer's position.
         "The signer warrants that the signer has already paid or will
  use the funds received from this final payment to promptly pay in
  full all of the signer's laborers, subcontractors, materialmen, and
  suppliers for all work, materials, equipment, or services provided
  for or to the above referenced project up to the date of this waiver
  and release.
         "Date ____________________________
         "_________________________________ (Company name)
         "By ______________________________ (Signature)
         "_________________________________ (Title)
         "(Insert acknowledgment)"
         (f)  If the owner has filed and posted a notice of
  commencement as required by Section 53.125, the owner may require,
  as a condition for final payment, a claimant who has filed a notice
  of furnishing to file with the lien website a conditional waiver and
  release on final payment described by Subsection (d).
         SECTION 43.  The following provisions of the Property Code
  are repealed:
               (1)  Section 53.001(11);
               (2)  Section 53.022(b);
               (3)  Section 53.025;
               (4)  Section 53.053;
               (5)  Section 53.056;
               (6)  Section 53.057;
               (7)  Section 53.058;
               (8)  Section 53.083;
               (9)  Section 53.084;
               (10)  Subchapter E, Chapter 53;
               (11)  Section 53.206(c);
               (12)  Section 53.252;
               (13)  Section 53.253; and
               (14)  Section 53.254(g).
         SECTION 44.  The changes in law made by this Act apply only
  to an original contract entered into on or after the effective date
  of this Act. An original contract entered into before the effective
  date of this Act is governed by the law as it existed immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 45.  This Act takes effect May 1, 2018.