Bill Text: TX HB3355 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to recovery by certain claimants of payment for labor or material provided for certain construction or repairs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to Business & Industry [HB3355 Detail]
Download: Texas-2021-HB3355-Introduced.html
| 87R6830 MWC-D | ||
| By: Schofield | H.B. No. 3355 | |
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| relating to recovery by certain claimants of payment for labor or | ||
| material provided for certain construction or repairs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 53, Property Code, is | ||
| amended by adding Section 53.027 to read as follows: | ||
| Sec. 53.027. RECOVERY BY NONCONTRACTUAL CLAIMANT. A person | ||
| who labors, specially fabricates material, or furnishes labor or | ||
| materials for construction or repair in this state who does not have | ||
| a contract with an owner, original contractor, or subcontractor: | ||
| (1) may recover payment for the labor or material from | ||
| the owner, original contractor, or subcontractor only through the | ||
| enforcement of a lien or other remedy provided under this chapter; | ||
| and | ||
| (2) may not recover payment from the owner, original | ||
| contractor, or subcontractor by means of an action or defense under | ||
| contract or quasi-contract law, including by bringing a claim for | ||
| quantum meruit or unjust enrichment. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a claim for labor performed, material fabricated, or labor or | ||
| materials furnished on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
