Bill Text: TX SB841 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to the beneficiaries of trust funds paid or received in connection with an improvement on specific real property.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2025-06-20 - Effective on 9/1/25 [SB841 Detail]
Download: Texas-2025-SB841-Enrolled.html
| S.B. No. 841 | ||
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| relating to the beneficiaries of trust funds paid or received in | ||
| connection with an improvement on specific real property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 162.003(a), Property Code, is amended to | ||
| read as follows: | ||
| (a) A person who is an [ |
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| contractor, subcontractor, or materialman who labors or who | ||
| furnishes labor or material for the construction or repair of an | ||
| improvement on specific real property in this state, or that | ||
| person's qualified assignee under Section 162.0031, is a | ||
| beneficiary of any trust funds paid or received in connection with | ||
| the improvement. | ||
| SECTION 2. Subchapter A, Chapter 162, Property Code, is | ||
| amended by adding Section 162.0031 to read as follows: | ||
| Sec. 162.0031. BENEFICIARY'S ASSIGNMENT OF INTEREST IN | ||
| UNPAID TRUST FUNDS. An assignment by a beneficiary of the | ||
| beneficiary's interest in unpaid trust funds under this chapter may | ||
| not be enforced unless: | ||
| (1) the assignment is: | ||
| (A) made in writing not earlier than the date the | ||
| assignee has paid the beneficiary in good and sufficient funds for | ||
| the assignment; and | ||
| (B) not made as part of the beneficiary's | ||
| construction contract; | ||
| (2) the assignee is a beneficiary, trustee, or | ||
| property owner under the contract for the construction or repair of | ||
| an improvement on real property in connection with which the | ||
| payment of trust funds is made; and | ||
| (3) written notice of the assignment is provided to | ||
| the property owner and the contractor on the project not later than | ||
| the seventh day after the date the assignment is made. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 841 passed the Senate on | ||
| April 24, 2025, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 22, 2025, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 841 passed the House, with | ||
| amendment, on May 20, 2025, by the following vote: Yeas 146, | ||
| Nays 0, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
