Bill Text: TX HB855 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to a security services contractor's lien.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2013-03-19 - Left pending in committee [HB855 Detail]

Download: Texas-2013-HB855-Introduced.html

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83R452 NC-D
By: Lucio III H.B. No. 855

A BILL TO BE ENTITLED
AN ACT
relating to a security services contractor's lien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Property Code, is amended by
adding Chapter 66 to read as follows:
CHAPTER 66. SECURITY SERVICES CONTRACTOR'S LIEN
Sec. 66.001. DEFINITIONS. In this chapter:
(1) "Security services" means the activities listed in
Section 1702.102(a), Occupations Code.
(2) "Security services contractor" has the meaning
assigned by Section 1702.002, Occupations Code.
Sec. 66.002. LIEN. A security services contractor who
provides security services for a commercial entity under a contract
with the commercial entity has a lien under this chapter for the
amount owed under the contract.
Sec. 66.003. PROPERTY SUBJECT TO LIEN. The lien attaches to
the premises for which the security services contractor provided
security services under the contract, if owned by the commercial
entity that entered into the contract, and to the personal property
owned by the commercial entity and located on those premises.
Sec. 66.004. SECURING LIEN. A security services contractor
who has not been paid for security services provided and who wants
to claim a lien under this chapter must, not later than the 30th day
after the date the indebtedness accrues:
(1) file with the county clerk of the county in which
the premises are located a copy of an account of the services with
an affidavit verifying the account by the party making the account;
and
(2) serve a copy of the account and affidavit on the
commercial entity that owns the property or the entity's agent,
receiver, or trustee.
Sec. 66.005. DURATION OF LIEN. A lien created under this
chapter expires on the first anniversary of the date the lien is
secured, unless the security services contractor has sued to
foreclose the lien.
Sec. 66.006. RELEASE OF CLAIM OR LIEN. (a) When a debt for
security services is satisfied, the security services contractor
shall, not later than the 10th day after the date the security
services contractor receives a written request, provide to the
requesting person a release of the indebtedness and any lien
claimed, to the extent of the indebtedness paid.
(b) A release of lien must be in a form that permits the
instrument to be filed of record.
SECTION 2. The change in law made by Chapter 66, Property
Code, as added by this Act, applies only to security services
provided under a contract entered into or renewed on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2013.