The 2009 legislative session included many new laws that will directly affect the Texas construction industry. What follows are the most important laws coming out of the recent session, as well as a few bills that may be revived in the 2011 legislative session or if the governor calls a special session later this year.
Fraudulent Lien Statute The legislature revised this statute to afford greater protection to lien claimants. This statute gives a property owner the right to sue a lien claimant for fraud if the claimant filed an invalid lien. The previous version, as well as recent court decisions, indicated that a claimant could commit fraud under the statute even if the claimant was unaware that its lien was invalid. The statute now requires the property owner to demonstrate that the claimant acted with intent to defraud in order to obtain relief.