SB929

Regular Session

Relating to certain deadlines and other timing factors affecting mechanic's, contractor's, or materialman's liens.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Civil Courts • County Clerk Offices

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025. You must update internal calendaring systems prior to the September 15, 2025, lien notice deadline.
Agency Rulemaking: None. This is a statutory amendment to the Texas Property Code; interpretation will be determined by state civil courts, not a regulatory agency.

Immediate Action Plan

Immediate: Audit your current lien tracking software or manual spreadsheets. Ensure they can accommodate dynamic deadline shifts based on the 2025-2026 holiday calendar.
By August 1, 2025: Issue a memo to all Project Managers and AR staff explaining that Design Professional liens must be recorded *immediately* to preserve priority.
By September 1, 2025: Update standard contract templates to reference the computation of time under Texas Property Code § 53.003(e).
Ongoing: Adopt a policy of "Conservative Calendaring." Instruct staff to treat the extension as a safety net for emergencies, not a standard operating procedure. Aim for the Friday before; use the Monday after only when necessary.

Operational Changes Required

Contracts

Master Service Agreements (MSAs): Review "Notice" and "Default" provisions. If your contract defines "days" strictly as calendar days without exception, it may conflict with the new statutory extension. Amend language to align notice deadlines with Texas Property Code Chapter 53 as amended by SB929 to avoid breach of contract claims during a valid statutory extension.
Real Estate Closing Docs: Sellers must update Affidavits of Debts and Liens to accurately reflect that unrecorded professional service liens may no longer hold priority over the purchaser.

Hiring/Training

Accounts Receivable & Legal Staff: Train staff on the new "Weekend/Holiday Rule." They must understand that while the law permits filing on the next business day, this is a hard deadline. Missing the extended Tuesday deadline after a holiday weekend is fatal to the lien.
Design Professionals: Architects and Engineers must be trained to record affidavits of lien immediately upon non-payment. You can no longer rely on the "relation back" doctrine to the start of the project for priority against new owners.

Reporting & Record-Keeping

Lien Calendaring Software: Reprogram all automated lien tracking software. Remove logic that forces Friday filings for Sunday deadlines; replace it with logic that targets the following Monday (or Tuesday, if Monday is a holiday).
Holiday Documentation: If utilizing the holiday extension, retain proof of the specific legal holiday (e.g., county courthouse closure notice) in the job file to defend against motions to remove the lien for untimeliness.

Fees & Costs

No Statutory Fee Increases: Filing fees remain unchanged.
Reduced Litigation Risk: The codification of the weekend rule should reduce legal spend previously wasted on arguing whether a Monday filing was valid.

Strategic Ambiguities & Considerations

Definition of "Legal Holiday": The statute grants an extension for "legal holidays" but does not explicitly limit this to Federal or State holidays.

The Risk: A deadline falls on a minor holiday (e.g., Columbus Day or a specific County holiday) where the courthouse is closed, but your office is open.
Watch For: Court rulings clarifying whether "legal holiday" implies only days where the County Clerk is physically closed. Until then, do not assume minor banking holidays trigger the extension.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsProperty Interests Property Interests--mortgages & Liens Materialmen's Liens Mechanics' Liens Contractors' Liens

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 929
	By: Johnson
	Business & Commerce
	2/21/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Mechanic's, contractor's, and materialman's liens are legal tools to collect payment for goods and services. Sourced from Chapter 53 of the Texas Property Code, lien rights protect the interest of general contractors, subcontractors, and suppliers in construction projects. However, the complexity and hurdles in Texas lien law pose challenges for claimants who choose to secure their liens, resulting in slow payment and unpaid construction projects.

Current statutes do not prohibit the deadline for submitting notice of mechanic's, contractor's, or materialman's liens from falling on a weekend or a legal holiday. In the 87th Regular Session, H.B. 2237 made several changes to Chapter 53 of the Texas Property Code; however, many deadlines in Chapter 53 are specific dates and do not require counting a period of days.

S.B. 929 would amend Section 53.003(e) of the Texas Property Code to add that the deadline to provide notice must be extended to the next business day if it falls on a weekend or holiday. Changes must be made to standardize procedure and maintain functionality for those in the industry.

As proposed, S.B. 929 amends current law relating to deadlines and time of inception for mechanic's and materialman's liens.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 53.003(e), Property Code, as follows:

(e) Provides that, in determining the deadline or computing the period of days in which to provide a notice or to take any action required under Chapter 53 (Mechanic's, Contractor's, or Materialman's Lien), if the deadline or the last day of the period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

SECTION 2. Amends Section 53.124(e), Property Code, to make nonsubstantive changes.

SECTION 3. Effective date: upon passage or September 1, 2025.

Senate Authors

Sen. Nathan JohnsonDemocrat · Primary Author

House Sponsor

Rep. John LujanRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 929

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to certain deadlines and other timing factors affecting
	mechanic's, contractor's, or materialman's liens.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 53.003(e), Property Code, is amended to
	read as follows:
	(e) In determining the deadline or computing the period of
	days in which to provide a notice or to take any action required
	under this chapter, if the deadline or the last day of the period is
	a Saturday, Sunday, or legal holiday, the period is extended to
	include the next day that is not a Saturday, Sunday, or legal
	holiday.
	SECTION 2. Section 53.124(e), Property Code, is amended to
	read as follows:
	(e) The time of inception of a lien that is created under
	Section 53.021(3), (4), or (5) [~~53.021(c), (d), or (e)~~] is the date
	of recording of an affidavit of lien under Section 53.052. The
	priority of a lien claimed by a person entitled to a lien under
	Section 53.021(3), (4), or (5) [~~53.021(c), (d), or (e)~~] with
	respect to other mechanic's liens is determined by the date of
	recording. A lien created under Section 53.021(3), (4), or (5)
	[~~53.021(c), (d), or (e)~~] is not valid or enforceable against a
	grantee or purchaser who acquires an interest in the real property
	before the time of inception of the lien.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


February 25, 2025

TO:	Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB929 by Johnson (Relating to deadlines and time of inception for mechanic's and materialman's liens.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

302 Office of the Attorney General

LBB Staff:

JMc, RStu, LCO, JKe, CMA

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Frequently Asked Questions

Common questions about SB929

What does Texas SB929 do?

SB929 fundamentally alters the rigid deadline calculations for Texas mechanic’s liens by codifying a "next business day" rule for deadlines falling on weekends or holidays. Additionally, it redefines the "inception date" for liens filed by design professionals (architects, engineers, surveyors), making their lien priority effective only upon recording rather than the commencement of work, thereby protecting third-party purchasers. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025.

Who authored SB929?

SB929 was authored by Texas Senator Nathan Johnson during the Regular Session.

When was SB929 signed into law?

SB929 was signed into law by Governor Greg Abbott on May 21, 2025.

Which agencies enforce SB929?

SB929 is enforced by Texas Civil Courts and County Clerk Offices.

How urgent is compliance with SB929?

The compliance urgency for SB929 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB929?

The cost impact of SB929 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB929 address?

SB929 addresses topics including property interests, property interests--mortgages & liens, materialmen's liens, mechanics' liens and contractors' liens.

Legislative data provided by LegiScanLast updated: November 25, 2025

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