HBA-ATS H.B. 2135 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2135
By: Solomons
Business & Industry
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

Under Section 53.021 (Persons Entitled to Lien), Property Code, a  person
may secure a mechanic's lien if that person furnishes labor or materials
for construction of a home, building, or improvement in this state under or
by virtue of a contract with the owner or the owner's agent, trustee,
receiver, contractor, or subcontractor.  The lien secures payment for the
labor done or material furnished for the construction or repair, and it
extends to the house, building, fixtures, or improvements.  If the lien is
perfected, the furnisher of labor or materials may enforce the lien on the
property.  In the late 1980's however, some liens held by suppliers of
labor, plant material, or other material for the installation of
landscaping were not honored by some title companies. 

H.B. 2135 entitles a person who provides labor, plant material, or other
supplies for the installation of landscaping for a house, building, or
improvement, under or by virtue of a written contract with the owner or the
owner's agent, trustee, or receiver to a mechanic's lien on the property. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 53.021, Property Code, by adding Subsection (d),
to entitle a person who provides labor, plant material, or other supplies
for the installation of landscaping for a house, building, or improvement,
under or by virtue of a written contract with the owner or the owner's
agent, trustee, or receiver to a mechanic's lien on the property. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.