Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 62.022 - Waiver, Release, or Discharge of Lien; Assumption of Commission Obligation(a) Except as provided by Subsection (b), the waiver of a broker's right to a lien under this chapter, or a release given for the purpose of releasing the broker's lien before the commission is satisfied or forgiven, is void.(b) A broker's entitlement to a lien on the interest of an owner or tenant in commercial real estate shall be automatically waived if:(1) the commission is earned and payable for services provided relating to a lease transaction; and(2) the commission agreement is included as a provision of the lease agreement.(c) A lien under this chapter is discharged by:(1) a court order discharging the lien;(2) paying the commission to the broker named in the commission agreement; or(3) establishing an escrow account described by Subchapter F.(d) A person who assumes an owner's or tenant's commercial real estate interest is bound by a commission agreement included in a lease agreement unless an escrow account is established under Subchapter F or a bond is provided under Subchapter G.(e) This section does not affect the rights of a mortgagee who forecloses on commercial real estate and does not assume the lease on which a commission agreement is based.Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. 8/30/1999.