Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 53.158 - Period For Bringing Suit To Foreclose Lien(a) Except as provided by Subsection (a-2) , suit must be brought to foreclose the lien not later than the first anniversary of the last day a claimant may file the lien affidavit under Section 53.052 . (a-1) Notwithstanding Section 16.069, Civil Practice and Remedies Code, or any other law, if suit is pursued solely to discharge a lien because limitations have expired on bringing a lien foreclosure suit, the lien claimant's rights to pursue a suit to foreclose a lien are not revived. (a-2) The limitations period established under Subsection (a) may be extended to not later than the second anniversary of the date the claimant filed the lien affidavit under Section 53.052 if, before the expiration of the limitations period established under Subsection (a), the claimant enters into a written agreement with the then-current record owner of the property to extend the limitations period. The agreement must be recorded with the clerk of the same county where the lien was recorded and is considered to be notice of the extension to any subsequent purchaser. (b) [Repealed by 2021 amendment.]Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 690,Sec. 36, eff. 1/1/2022.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 690,Sec. 23, eff. 1/1/2022.Amended By Acts 1999, 76th Leg., ch. 889, Sec. 4, eff. 9/1/1999.Amended by Acts 1997, 75th Leg., ch. 526, Sec. 16, eff. 9/1/1997Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. 9/1/1989.