In June, Texas Gov. Greg Abbott signed H.B. No. 2237 into law. This bill enacts revisions to Chapter 53 of the Texas Property Code, which governs mechanic’s, contractor’s, and materialman’s liens. While many of the amendments reflect a goal of adopting plain language, providing more precise definitions, and simplifying the statute, some provisions substantively amend the law governing liens arising in connection with construction projects.
It is anticipated that the changes codified with this bill will—for the most part—make compliance with statutory requirements for lien perfection easier for claimants. That said, during a transition period, lien claimants very likely will be required to follow both the current statute and Chapter 53 as amended, depending on the date of the original contract for the project at issue. Thus, lien claimants will need to both get up to speed on the amendments and identify which version of the statute governs each of its projects. To that end, this article is not meant to be exhaustive concerning the amendments to Chapter 53, but instead to address some substantive changes of interest to owners and contractors.