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A BILL TO BE ENTITLED
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AN ACT
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relating to persons entitled to a mechanic's lien on real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.021(c), Property Code, is amended to |
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read as follows: |
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(c) An architect, engineer, interior designer registered |
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under Chapter 1053, Occupations Code, or surveyor who prepares a |
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plan, design, or plat under or by virtue of a written contract with |
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the owner or the owner's agent, trustee, or receiver in connection |
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with the actual or proposed design, construction, or repair of |
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improvements on real property or the location of the boundaries of |
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real property has a lien on the property. |
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SECTION 2. Section 53.023, Property Code, is amended to |
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read as follows: |
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Sec. 53.023. PAYMENT SECURED BY LIEN. The lien secures |
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payment for: |
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(1) the labor done or material furnished for the |
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construction or repair; |
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(2) the specially fabricated material, even if the |
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material has not been delivered or incorporated into the |
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construction or repair, less its fair salvage value; or |
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(3) the preparation of a plan, design, or plat by an |
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architect, engineer, interior designer registered under Chapter |
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1053, Occupations Code, or surveyor in accordance with Section |
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53.021(c). |
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SECTION 3. Section 53.053(a), Property Code, is amended to |
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read as follows: |
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(a) For purposes of Section 53.052, indebtedness accrues on |
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a contract under which a plan, design, or plat is prepared, labor |
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was performed, materials were furnished, or specially fabricated |
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materials are to be furnished in accordance with this section. |
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SECTION 4. The changes in law made by this Act apply only to |
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a contract entered into on or after the effective date of this Act. |
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A contract entered into before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |