Issue 89.14
Mechanic’s, Contractor’s, and Materialman’s Lien Filing
Director of Regulatory Affairs
In a previous memo and podcast, we discussed the wide range of deed integrity bills filed during this session. Those bills attempt to address deed fraud and filing clerk authority. Another filing issue receiving attention is the timeliness of M&M lien filing which is the focus of SB929 highlighted below. SB929 has already passed the Senate this Session and its prospects of becoming law appear high given an identical bill passed the House last session.
Weekly Highlight
SB 929 Johnson, Nathan – Mechanic’s, contractor’s, and materialman’s liens are legal tools for slow or nonpayment to protect the interest of general contractors, subcontractors, and suppliers for goods and services in construction projects. Current statutes do not prohibit the deadline for submitting notice of mechanic’s, contractor’s, or materialman’s liens from falling on a weekend or a legal holiday.
SB929 Amends Chapter 53 of the Texas Property Code Section 53.003(e), Property Code, as follows: (e) Provides that in determining the deadline or computing the period of days in which to provide a notice or to take any action required under Chapter 53 (Mechanic’s, Contractor’s, and Materialman’s Liens), if the deadline or 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 Saturday, Sunday, or legal holiday.
To read the full text of any of these bills you can go to Texas Legislature Online. The designations you see for each bill represent HB – House Bill, SB – Senate Bill and HJR or SJR as House or Senate Joint Resolutions which relate to amendments to the Texas Constitution.
Bills on the Move
Sent to the Second Chamber
SB 4 Bettencourt, Paul – Relating to an increase in the amount of the exemption of residence homesteads from ad valorem taxation by a school district and the protection of school districts against certain losses in local revenue. (Companions HB2611, SJR2) Referred to House Ways and Means March 25th
SB 15 Bettencourt, Paul – Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee. (Companion HB3919) Received in the House March 20th
SB 17 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Received in the House March 20th
SB 372 Campbell, Donna – (SB372 was previously filed in 88th Session as SB1568 it passed both chambers but was vetoed by the Governor.) Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. (Companion HB 576) Received in the House March 25th
SB 929 Johnson, Nathan – (SB929 was previously filed in 88th Session as HB4301 which passed the house but was not taken up in committee in the Senate, identical bills HB4308 and SB2113 both did not receive a hearing.) Relating to deadlines and time of inception for mechanic’s and materialman’s liens. (Companion HB4301, HB4308, SB2113) Received in the House March 13th
SB 1379 Flores, Pete – Relating to increasing the criminal penalties for forgery. Received in the House March 27th
SB 1547 Zaffirini, Judith – Relating to fees charged by county clerks for certain property records. (Companion HB3733) Received in the House March 27th
SJR 2 Bettencourt, Paul – Proposing a constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district. (Companions HB2611, SB4) Received in the House Feb 18th
First Chamber Floor Vote Scheduled
SB 583 West, Royce – Relating to lists of public real property suitable for use or to be developed for use as affordable housing by certain municipalities and counties. Voted favorably out of Senate Local Government on March 18th. First placed on Intent Calendar for March 27th , now on calendar for April 7th
SB 693 West, Royce – Relating to creating a criminal offense for the use of a notary seal or counterfeit seal on a fraudulent document or instrument. Voted favorably out of Senate Criminal Justice on March 25th. First placed on Intent Calendar for April 2nd , now on calendar for April 7th
SB 1333 Hughes, Bryan – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property. (Companions HB414, HB1076, HB2454, HB3003) Voted favorably out of Senate State Affairs as substituted March 27th. Recommended for Local/Consent Calendar
Reported Favorably, Committee Approved
HB 3223 Leach, Jeff – Relating to statutes of limitation and repose for certain claims involving the construction or repair of an improvement to real property. Voted favorably out of committee April 3rd House Judiciary and Civil Jurisprudence
Committee Hearings Scheduled or Left Pending Vote
HB 17 Hefner, Cole – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. (Companions HB1849, HB2536) Heard April 2nd left pending House Homeland, Public Safety, Veterans
HB 21 Gates, Gary – Relating to housing finance corporations. (Companion SB867) Heard March 18th left pending House Intergovernmental Affair
HB 32 Button, Angie Chen – Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises. Heard March 12th left pending House Judiciary and Civil Jurisprudence
HB 329 Bell, Cecil – (HB329 was previously filed in 88th Session as HB5133 it was left pending in Committee without a vote.) Relating to a requirement that an appraisal review board rely on an appraisal of residential real property prepared by an appraiser and submitted to the board by the property owner. Heard April 3rd left pending House Subcommittee on Property Tax Appraisals
HB 360 Vasut, Cody – (HB360 was previously filed in 88th Session as HB523 it was left pending in Committee without a hearing.) Relating to the authority of an appraisal review board to direct changes in the appraisal roll and related appraisal records if a residence homestead is sold for less than the appraised value. (Companions HB523, HB4399) Heard March 20th in House Subcommittee on Property Tax Appraisals, returned to full committee
** HB 576 Shaheen, Matt – Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. Hearing set for April 9th in House Trade, Workforce, Economic Development
HB 1043 Bhojani, Salman – Relating to a study by the General Land Office on the establishment and implementation by the General Land Office of a distributed ledger-based title registry pilot program. Heard March 19th left pending House Delivery of Government Efficiency.
HB 1243 Guillen, Ryan – Relating to the authority of spouses who occupy separate properties as their principal residences to each qualify the property in which they reside as their residence homestead for ad valorem tax purposes. Heard March 17th left pending House Ways and Means
** HB 3250 Darby, Drew – Relating to the regulation of real estate appraisers and appraisal management companies. Hearing set for April 8th in House Licensing and Administrative Procedures
HB 3919 Gates, Gary – Relating to size and density requirements for residential lots in certain municipalities. Heard April 3rd left pending House Land and Resource Management
HB 4063 Ordaz, Claudia – Relating to the filing and release of record of a unilateral memorandum of contract concerning residential property. Hearing set for April 9th in House Trade, Workforce, Economic Development
SB 1612 Johnson, Nathan – Relating to construction contract trust funds. Hearing set for April 8th in Senate Business and Commerce
If you have questions about these specific bills or the Texas legislative process in general, please reach out to Doug Foster or one of our firm’s attorneys or representatives at: https://www.mortgagelaw.com/our-team/