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A BILL TO BE ENTITLED
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AN ACT
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relating to recovery by certain claimants of payment for labor or |
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material provided for certain construction or repairs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 53, Property Code, is |
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amended by adding Section 53.027 to read as follows: |
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Sec. 53.027. RECOVERY BY NONCONTRACTUAL CLAIMANT. A person |
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who labors, specially fabricates material, or furnishes labor or |
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materials for construction or repair in this state who does not have |
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a contract with an owner, original contractor, or subcontractor: |
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(1) may recover payment for the labor or material from |
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the owner, original contractor, or subcontractor only through the |
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enforcement of a lien or other remedy provided under this chapter; |
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and |
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(2) may not recover payment from the owner, original |
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contractor, or subcontractor by means of an action or defense under |
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contract or quasi-contract law, including by bringing a claim for |
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quantum meruit or unjust enrichment. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim for labor performed, material fabricated, or labor or |
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materials furnished on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |