BILL ANALYSIS

 

 

 

H.B. 2346

By: Darby

Business & Industry

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

There are concerns that registered interior designers are not entitled to a mechanic's lien on real property, while architects, engineers, and surveyors are currently entitled to such liens. H.B. 2346 seeks to address these concerns by extending that entitlement and related provisions to registered interior designers.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 2346 amends the Property Code to establish that a registered interior designer who prepares a design under or by virtue of a written contract with the owner or the owner's agent, trustee, or receiver in connection with the actual or proposed design of improvements on real property or the location of the boundaries of real property has a mechanic's lien on the property; that such a lien secures payment for the preparation of a design by a registered interior designer; and that, for purposes of filing an affidavit to claim a lien, indebtedness accrues on a contract under which a design is prepared, labor was performed, materials were furnished, or specially fabricated materials are to be furnished.    

 

EFFECTIVE DATE

 

September 1, 2019.