Texas Senate bill by Sen. Johnson adjusts deadlines and inception for mechanic’s liens

Passed bill authored by State Sen. Nathan Johnson aims to clarify lien priority and extend deadlines when they fall on weekends or holidays, seeking to update the Texas Property Code regarding mechanic’s and materialman’s liens, according to the Texas Legislature website.

In the Senate, 11 Democrats and 20 Republicans voted in favor of the bill, with no opposition.

Meanwhile, in the House, 62 Democrats and 85 Republicans voted in favor, also with no opposing votes.

Nathan Johnson introduced the bill in the Texas Senate on Friday, Jan. 24, during the 89th regular legislative session.

Johnson graduated from the University of Arizona in 1990 with a BS and again in 1993 from University of Texas School of Law with a JD.

Johnson, a Democrat, was elected to the Texas State Senate in 2019 to represent the state’s 16th Senate district, replacing previous state senator Don Huffines.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to certain deadlines and other timing factors affecting mechanic’s, contractor’s, or materialman’s liens’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill modifies Texas Property Code, adjusting deadlines and inception times for mechanic’s and materialman’s liens. It stipulates that if a deadline or the last day of a required action falls on a Saturday, Sunday, or legal holiday, the period extends to the next non-holiday weekday. Additionally, it clarifies that the inception for liens under specific sections is tied to the recording date of an affidavit of lien, determining lien priority by recording date. Liens are not valid against purchasers who obtain property interests before the lien’s inception. The bill will take effect immediately with a two-thirds legislative vote or on Sept. 1, 2025, if not.

The bill received its final legislative approval on Thursday, May 8, and was signed into law by Gov. Greg Abbott on Wednesday, May 21.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.