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Texas Property Code - Section 53.021. Persons Entitled To Lien

Legal Research Home > Texas Laws > Property Code > Texas Property Code - Section 53.021. Persons Entitled To Lien

§ 53.021. PERSONS ENTITLED TO LIEN.  (a) A person has a 
lien if:          
		(1)  the person labors, specially fabricates material, 
or furnishes labor or materials for construction or repair in this 
state of:
			(A)  a house, building, or improvement;                                      
			(B)  a levee or embankment to be erected for the 
reclamation of overflow land along a river or creek;  or
			(C)  a railroad;  and                                                        
		(2)  the person labors, specially fabricates the 
material, or furnishes the labor or materials under or by virtue of 
a contract with the owner or the owner's agent, trustee, receiver, 
contractor, or subcontractor.
	(b)  A person who specially fabricates material has a lien 
even if the material is not delivered.
	(c)  An architect, engineer, or surveyor who prepares a plan 
or plat under or by virtue of a written contract with the owner or 
the owner's agent, trustee, or receiver in connection with the 
actual or proposed design, construction, or repair of improvements 
on real property or the location of the boundaries of real property 
has a lien on the property.
	(d)  A person who provides labor, plant material, or other 
supplies for the installation of landscaping for a house, building, 
or improvement, including the construction of a retention pond, 
retaining wall, berm, irrigation system, fountain, or other similar 
installation, under or by virtue of a written contract with the 
owner or the owner's agent, trustee, or receiver has a lien on the 
property.
	(e)  A person who performs labor as part of, or who furnishes 
labor or materials for, the demolition of a structure on real 
property under or by virtue of a written contract with the owner of 
the property or the owner's agent, trustee, receiver, contractor, 
or subcontractor has a lien on the property.

Acts 1983, 68th Leg., p. 3535, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1989, 71st Leg., ch. 395, § 1, eff. Sept. 1, 
1989;  Acts 1989, 71st Leg., ch. 1138, § 1, eff. Sept. 1, 1989;  
Acts 1991, 72nd Leg., ch. 16, § 16.01, eff. Aug. 26, 1991;  Acts 
1995, 74th Leg., ch. 851, § 1, 6, eff. Sept. 1, 1995;  Acts 1999, 
76th Leg., ch. 896, § 1, eff. Sept. 1, 1999;  Acts 2003, 78th 
Leg., ch. 410, § 1, eff. Sept. 1, 2003.

Last modified: August 11, 2007