bill giving unpaid cleaners a mechanic’s lien

The text as introduced · 691 words

89R908 PRL-D

By: Cortez
H.B. No. 533

A BILL TO BE ENTITLED

AN ACT

relating to imposing liens for labor and supplies provided by

cleaners.

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

SECTION 1. Sections 53.001(2) and (4), Property Code, are

amended to read as follows:

(2) "Improvement" includes:

(A) a house, building, structure, parking

structure, physical appurtenance, pool, utility, railroad, well,

storage facility, abutting sidewalks and streets, utilities in or

on those sidewalks and streets, land reclaimed from overflow, and

other fixtures or modifications to real property;

(B) clearing, grubbing, draining, or fencing of

land;

(C) machinery or apparatuses used for raising

water or for supplying or storing water for stock, domestic use, or

irrigation;

(D) work described by Section 53.021(4) or (6) ;

and

(E) a design, drawing, plan, plat, survey, or

specification provided by a licensed architect, engineer, or

surveyor.

(4) "Material" means all or part of:

(A) the material, machinery, fixtures, or tools:

(i) incorporated into the work;

(ii) used in the direct performance of the

work;

(iii) specially fabricated for an

improvement; or

(iv) ordered and delivered for

incorporation or use;

(B) rent at a reasonable rate and actual running

repairs at a reasonable cost for construction equipment used or

reasonably required and delivered for use in the direct performance

of the work at the site of the construction or repair; or

(C) power, water, fuel, [ and ] lubricants , and

cleaning supplies consumed or ordered and delivered for consumption

in the direct performance of the work.

SECTION 2. Section 53.021, Property Code, is amended to

read as follows:

Sec. 53.021. PERSONS ENTITLED TO LIEN. A person has a lien

if the person, under a contract with the owner or the owner's agent,

trustee, receiver, contractor, or subcontractor:

(1) labors or furnishes labor or materials for

construction or repair of an improvement;

(2) specially fabricates material, even if the

material is not delivered;

(3) is a licensed architect, engineer, or surveyor

providing services to prepare a design, drawing, plan, plat,

survey, or specification;

(4) provides labor, plant material, or other supplies

for the installation of landscaping for an improvement, including

the construction of a retention pond, retaining wall, berm,

irrigation system, fountain, or other similar installation; [ or ]

(5) performs labor as part of, or furnishes labor or

materials for, the demolition of an improvement on real property ;

or

(6) provides labor or other supplies for the interior

cleaning of a home or office .

SECTION 3. Section 53.023, Property Code, is amended to

read as follows:

Sec. 53.023. PAYMENT SECURED BY LIEN. The lien secures

payment for:

(1) the labor done or material furnished for the

construction, repair, design, survey, [ or ] demolition , or

cleaning ; or

(2) the specially fabricated material, even if the

material has not been delivered or incorporated into the

construction or repair, less its fair salvage value.

SECTION 4. 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), (5), or (6) [ 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), (5), or (6) [ 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), (5), or (6)

[ 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 5. The changes in law made by this Act apply only to

an original contract entered into on or after the effective date of

this Act. An original contract entered into before the effective

date of this Act is governed by the law as it existed immediately

before the effective date of this Act, and that law is continued in

effect for that purpose.

SECTION 6. This Act takes effect September 1, 2025.