Sec. 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. Aug. 30, 1999.