Bradley’s BuildSmart blog provided posts earlier this summer in June and July regarding some of the recently enacted laws from the 2025 Texas legislative session affecting the construction industry in Texas. This post describes two additional bills from the most recent Texas legislative session, one dealing with cybersecurity liability protections and one clarifying certain mechanics’ lien deadlines, of which Texas contractors should take note.
SB 2610 – Cybersecurity Liability Provisions
SB 2610, which amends Chapter 542 of the Texas Business & Commerce Code, is aimed at creating a cybersecurity “safe harbor” for small and mid-sized businesses (under 250 employees) that own or license computerized data that includes sensitive personal information.
SB 2610 seeks to shield compliant businesses from exemplary/punitive damages in lawsuits stemming from data breaches. SB 2610 dictates that covered businesses achieve the “safe harbor” from exemplary damages if they implement and maintain an industry-recognized cybersecurity program. The bill provides that a cybersecurity program conforms to an industry-recognized cybersecurity framework if the program conforms to current versions of certain programs/frameworks published by the National Institute of Standards and Technology (NIST), Federal Risk and Authorization Management Program FedRAMP, Center for Internet Security (CIS), International Organization for Standardization (ISO), and International Electrotechnical Commission (IEC), among others.
SB 2610 also promotes the adoption of modern cybersecurity safeguards while explicitly stating that it is not intended to create a private cause of action or change common law or statutory duties. SB 2610 takes effect on September 1, 2025.
SB 929 – Mechanics’ Lien Deadline Clarification
SB 929, which amends two sections of Chapter 53 of the Texas Property Code, has two areas of impact: (1) clarifying deadlines for taking actions required under Chapter 53 related to lien perfection/enforcement; and (2) articulating how the inception date and priority of certain liens affect a lien’s validity/enforceability against grantees and purchasers of real property.
First, SB 929 provides that in determining the deadline for providing pre-lien notice or taking any other action required by Chapter 53 (i.e., deadlines for lien recording, providing notice of a recorded lien), if the deadline or last day of the period is a Saturday, Sunday, or legal holiday, the deadline is extended to the next day that is not a Saturday, Sunday, or legal holiday. Before the passage of SB 929, if the deadline for providing pre-lien notice by the 15th of a month happened to be a Sunday, the party would need to provide the notice by Friday the 13th to avoid missing a deadline. Now, the deadline would carry over until Monday the 16th, provided that the 16th is not a legal holiday (in which case, the deadline would be the following day).
Second, SB 929 establishes that the time of inception of a lien for those who provide architectural/engineering/surveying services, labor and materials related to the installation of landscaping, or those who furnish labor/materials related to demolition is the date a lien affidavit is recorded. Further, the priority of such liens with respect to other mechanic’s liens is determined by the date of recording. Finally, the bill dictates that such liens are not valid or enforceable against grantees or purchasers who acquire an interest in real property covered by any such lien before the time of the inception of the lien. As opposed to the other laws discussed in this series, SB 929 is already in effect, having received the requisite two-thirds vote of the Texas Senate and House on May 21, 2025. If you have any questions about SB 2610 or SB 929, do not hesitate to reach out to Justin Scott.