lien deadlines on weekends roll to the next business day

The text as introduced · 289 words

89R16926 JBD-F

By: Lujan
H.B. No. 4984

A BILL TO BE ENTITLED

AN ACT

relating to certain deadlines and other timing factors affecting

mechanic's, contractor's, or materialman's liens.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 53.003(e), Property Code, is amended to

read as follows:

(e) In determining the deadline or computing the period of

days in which to provide a notice or to take any action required

under this chapter, 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 a Saturday, Sunday, or legal

holiday.

SECTION 2. Section 53.124(e), Property Code, is amended to

read as follows:

(e) The time of inception of a lien that is created under

Section 53.021(3), (4), or (5) [ 53.021(c), (d), or (e) ] is the date

of recording of 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(3), (4), or (5) [ 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(3), (4), or (5)

[ 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.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.