Lien Law Reform. Texas’ lien laws are considered by many to be the most burdensome and complex in the country, and it is extremely difficult to navigate through those laws. The original intent of the lien laws to provide a statutory remedy to secure payment for labor, materials, or machinery furnished in the improvement of real property has been lost in, among other issues, the different notice requirements placed on subcontractors to secure their lien rights. There are a number of requirements in the laws that, if not followed as they are written, will trip up subcontractors and suppliers and, in effect, result in the loss of certain lien rights available to them.
Legislation is needed to make the processes and procedures for perfecting and maintaining one’s lien rights straightforward, and compliance with them should not be difficult or a stumbling block to maintaining lien rights.
Legislation dealing with lien law reform was filed in 2013 but died in House and Senate committees. Read 2013 Lien Law Reform Legislation. A lien law reform bill is expected to be filed in the upcoming legislation session with the goal of streamlining the Texas lien laws.
The Texas Lien Law Statute can be found by click on the following link: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.53.htm
To view a site where every state’s lien laws can be accessed, click on the following link. http://traditionnoticeservices.com/state-lien-laws/