The Texas Legislature is currently in session and is scheduled to adjourn on June 2, 2025. Porter Hedges is actively monitoring any legislation that influences Texas construction law and impacts construction projects, contracts, and legal rights.
Senate Bill 929: Clarifies Lien Deadlines and Priority Dates for Construction Projects
As of the date of this post, the only bill directly affecting the construction industry that has passed both chambers and been signed into law by the Governor is Senate Bill 929 (“SB929”). This legislation relates to certain deadlines and other timing factors affecting mechanic’s, contractor’s, or materialman’s liens under Chapter 53 of the Texas Property Code.
SB929, authored by Senator Nathan Johnson, inserts a critical clarification into Section 53.003(e) of the Texas Property Code, which relates to deadlines for providing notice or taking certain actions under Chapter 53. Prior to this amendment, if certain deadlines for a lien-related notice or action fell on a Saturday, Sunday, or legal holiday, the statute did not explicitly extend that deadline. This created uncertainty and the potential for disputes, as parties might have different interpretations about whether the deadline extended to the next business day.
Impact of SB929 on Texas Construction Law
The enactment of SB929 brings an important clarification to lien deadlines. Many of the specified deadlines, including deadlines for serving notice of a lien claim or filing a lien affidavit, are set for the 15th day of the month. This longstanding structure has occasionally created confusion or risk when the 15th falls on a weekend or legal holiday, leaving contractors, subcontractors, and suppliers unsure whether the deadline automatically extends to the next business day.
With the passage of SB929, if the 15th or any other deadline under Chapter 53 falls on a Saturday, Sunday, or legal holiday, the deadline is automatically extended to the next day that is not a weekend or legal holiday. For example, if the lien filing deadline falls on a Saturday, then the lien filing deadline is extended to the following Monday (assuming it is not a holiday), ensuring that lien claimants are not disadvantaged by weekend or holiday deadlines.
Enactment and Effective Date
Senate Bill 929 was signed into law by Governor Greg Abbott on May 21, 2025. Importantly, the statute became effective immediately upon signing. This means that the clarified deadline provisions are now in effect and applicable to any pending or future lien-related actions governed by Chapter 53.
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