SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 53.001 - Definitions
In this chapter: (1) "Contract price" means the cost to the owner for any part of construction or repair performed under an original contract. (2)...
- Texas Section 53.002 - More Than One Original Contractor
On any work there may be more than one original contractor for purposes of this chapter. Acts 1983, 68th Leg., p. 3535, ch. 576, Sec....
SUBCHAPTER B PERSONS ENTITLED TO LIEN; SUBJECT PROPERTY
- Texas Section 53.003 - Notices
(a) This section applies to notices required by Subchapters B through G and K. (b) Any notice or other written communication may be delivered in...
- Texas Section 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...
- Texas Section 53.022 - Property To Which Lien Extends
(a) The lien extends to the house, building, fixtures, or improvements, the land reclaimed from overflow, or the railroad and all of its properties, and...
- Texas Section 53.023 - Payment Secured By Lien
The lien secures payment for: (1) the labor done or material furnished for the construction or repair; (2) the specially fabricated material, even if the...
- Texas Section 53.024 - Limitation On Subcontractor's Lien
The amount of a lien claimed by a subcontractor may not exceed: (1) an amount equal to the proportion of the total subcontract price that...
- Texas Section 53.025 - Limitation On Ordinary Retainage Lien
A lien for retainage is valid only for the amount specified to be retained in the contract, including any amendments to the contract, between the...
SUBCHAPTER C PROCEDURE FOR PERFECTING LIEN
- Texas Section 53.026 - Sham Contract
(a) A person who labors, specially fabricates materials, or furnishes labor or materials under a direct contractual relationship with another person is considered to be...
- Texas Section 53.051 - Necessary Procedures
To perfect the lien, a person must comply with this subchapter. Acts 1983, 68th Leg., p. 3538, ch. 576, Sec. 1, eff. Jan. 1, 1984.
- Texas Section 53.052 - Filing Of Affidavit
(a) Except as provided by Subsection (b), the person claiming the lien must file an affidavit with the county clerk of the county in which...
- Texas Section 53.053 - Accrual Of Indebtedness
(a) For purposes of Section 53.052, indebtedness accrues on a contract under which a plan or plat is prepared, labor was performed, materials furnished, or...
- Texas Section 53.054 - Contents Of Affidavit
(a) The affidavit must be signed by the person claiming the lien or by another person on the claimant's behalf and must contain substantially: (1)...
- Texas Section 53.055 - Notice Of Filed Affidavit
(a) A person who files an affidavit must send a copy of the affidavit by registered or certified mail to the owner or reputed owner...
- Texas Section 53.056 - Derivative Claimant: Notice To Owner Or Original Contractor
(a) Except as provided by Subchapter K, a claimant other than an original contractor must give the notice prescribed by this section for the lien...
- Texas Section 53.057 - Derivative Claimant: Notice For Contractual Retainage Claim
(a) A claimant may give notice under this section instead of or in addition to notice under Section 53.056 or 53.252 if the claimant is...
SUBCHAPTER D FUNDS WITHHELD BY OWNER FOLLOWING NOTICE
- Texas Section 53.058 - Derivative Claimant: Notice For Specially Fabricated Items
(a) Except as provided by Subchapter K, a claimant who specially fabricates material must give notice under this section for the lien to be valid....
- Texas Section 53.081 - Authority To Withhold Funds For Benefit Of Claimants
(a) If an owner receives notice under Section 53.056, 53.057, 53.058, 53.252, or 53.253, the owner may withhold from payments to the original contractor an...
- Texas Section 53.082 - Time For Which Funds Are Withheld
Unless payment is made under Section 53.083 or the claim is otherwise settled, discharged, indemnified against under Subchapter H or I, or determined to be...
- Texas Section 53.083 - Payment To Claimant On Demand
(a) The claimant may make written demand for payment of the claim to an owner authorized to withhold funds under this subchapter. The demand must...
- Texas Section 53.084 - Owner's Liability
(a) Except for the amount required to be retained under Subchapter E, the owner is not liable for any amount paid to the original contractor...
SUBCHAPTER E REQUIRED RETAINAGE FOR BENEFIT OF LIEN CLAIMANTS
- Texas Section 53.085 - Affidavit Required
(a) Any person who furnishes labor or materials for the construction of improvements on real property shall, if requested and as a condition of payment...
- Texas Section 53.101 - Required Retainage
(a) During the progress of work under an original contract for which a mechanic's lien may be claimed and for 30 days after the work...
- Texas Section 53.102 - Payment Secured By Retainage
The retained funds secure the payment of artisans and mechanics who perform labor or service and the payment of other persons who furnish material, material...
- Texas Section 53.103 - Lien On Retained Funds
A claimant has a lien on the retained funds if the claimant: (1) sends the notices required by this chapter in the time and manner...
- Texas Section 53.104 - Preferences
(a) Individual artisans and mechanics are entitled to a preference to the retained funds and shall share proportionately to the extent of their claims for...
- Texas Section 53.105 - Owner's Liability For Failure To Retain
(a) If the owner fails or refuses to comply with this subchapter, the claimants complying with Subchapter C or this subchapter have a lien, at...
- Texas Section 53.106 - Affidavit Of Completion
(a) An owner may file with the county clerk of the county in which the property is located an affidavit of completion. The affidavit must...
SUBCHAPTER F PRIORITIES AND PREFERENCES
- Texas Section 53.107 - Notice Relating To Termination Of Work Or Abandonment Of Performance By Original Contractor Or Owner
(a) Not later than the 10th day after the date an original contract is terminated or the original contractor abandons performance under the original contract,...
- Texas Section 53.121 - Preference Over Other Creditors
All subcontractors, laborers, and materialmen who have a mechanic's lien have preference over other creditors of the original contractor. Acts 1983, 68th Leg., p. 3546,...
- Texas Section 53.122 - Equality Of Mechanic's Liens
(a) Except as provided by Subchapter E and Section 53.124(e), perfected mechanic's liens are on equal footing without reference to the date of filing the...
- Texas Section 53.123 - Priority Of Mechanic's Lien Over Other Liens
(a) Except as provided by this section, a mechanic's lien attaches to the house, building, improvements, or railroad property in preference to any prior lien,...
SUBCHAPTER G RELEASE AND FORECLOSURE; ACTION ON CLAIM
- Texas Section 53.124 - Inception Of Mechanic's Lien
(a) Except as provided by Subsection (e), for purposes of Section 53.123, the time of inception of a mechanic's lien is the commencement of construction...
- Texas Section 53.151 - Enforcement Of Remedies Against Money Due Original Contractor Or Subcontractor
(a) A creditor of an original contractor may not collect, enforce a security interest against, garnish, or levy execution on the money due the original...
- Texas Section 53.152 - Release Of Claim Or Lien
(a) When a debt for labor or materials is satisfied or paid by collected funds, the person who furnished the labor or materials shall, not...
- Texas Section 53.153 - Defense Of Actions
(a) If an affidavit claiming a mechanic's lien is filed by a person other than the original contractor, the original contractor shall defend at his...
- Texas Section 53.154 - Foreclosure
A mechanic's lien may be foreclosed only on judgment of a court of competent jurisdiction foreclosing the lien and ordering the sale of the property...
- Texas Section 53.155 - Transfer Of Property Sold
If the house, building, improvement, or any piece of railroad property is sold separately, the officer making the sale shall place the purchaser in possession....
- Texas Section 53.156 - Costs And Attorney's Fees
In any proceeding to foreclose a lien or to enforce a claim against a bond issued under Subchapter H, I, or J or in any...
- Texas Section 53.157 - Discharge Of Lien
A mechanic's lien or affidavit claiming a mechanic's lien filed under Section 53.052 may be discharged of record by: (1) recording a lien release signed...
- Texas Section 53.158 - Period For Bringing Suit To Foreclose Lien
(a) Except as provided by Subsection (b), suit must be brought to foreclose the lien within two years after the last day a claimant may...
- Texas Section 53.159 - Obligation To Furnish Information
(a) An owner, on written request, shall furnish the following information within a reasonable time, but not later than the 10th day after the date...
- Texas Section 53.160 - Summary Motion To Remove Invalid Or Unenforceable Lien
(a) In a suit brought to foreclose a lien or to declare a claim or lien invalid or unenforceable, a party objecting to the validity...
- Texas Section 53.161 - Bond Requirements After Order To Remove
(a) In the order removing a lien, the court shall set the amount of security that the claimant may provide in order to stay the...
SUBCHAPTER H BOND TO INDEMNIFY AGAINST LIEN
- Texas Section 53.162 - Revival Of Removed Lien
(a) If an order removing the lien is not stayed as provided by Section 53.161 and the claimant later obtains a final judgment in the...
- Texas Section 53.171 - Bond
(a) If a lien, other than a lien granted by the owner in a written contract, is fixed or is attempted to be fixed by...
- Texas Section 53.172 - Bond Requirements
The bond must: (1) describe the property on which the liens are claimed; (2) refer to each lien claimed in a manner sufficient to identify...
- Texas Section 53.173 - Notice Of Bond
(a) After the bond is filed, the county clerk shall issue notice of the bond to all named obligees. (b) A copy of the bond...
- Texas Section 53.174 - Recording Of Bond And Notice
(a) The county clerk shall record the bond, the notice, and a certificate of mailing in the real property records. (b) In acquiring an interest...
SUBCHAPTER I BOND TO PAY LIENS OR CLAIMS
- Texas Section 53.175 - Action On Bond
(a) A party making or holding a lien claim may not sue on the bond later than one year after the date on which the...
- Texas Section 53.201 - Bond
(a) An original contractor who has a written contract with the owner may furnish at any time a bond for the benefit of claimants. (b)...
- Texas Section 53.202 - Bond Requirements
The bond must: (1) be in a penal sum at least equal to the total of the original contract amount; (2) be in favor of...
- Texas Section 53.203 - Recording Of Bond And Contract
(a) The bond and the contract between the original contractor and the owner shall be filed with the county clerk of the county in which...
- Texas Section 53.204 - Reliance On Record
A purchaser, lender, or other person acquiring an interest in the owner's property or an insurer of title is entitled to rely on the record...
- Texas Section 53.205 - Enforceable Claims
(a) The bond protects all persons with a claim that is: (1) perfected in the manner prescribed for fixing a lien under Subchapter C or,...
- Texas Section 53.206 - Perfection Of Claim
(a) To perfect a claim against a bond in a manner other than that prescribed by Subchapter C or K for fixing a lien, a...
- Texas Section 53.207 - Owner's Notice Of Claim To Surety
(a) If the owner receives any of the notices or a lien is fixed under Subchapter C or K , the owner shall mail to...
- Texas Section 53.208 - Action On Bond
(a) A claimant may sue the principal and surety on the bond either jointly or severally, if his claim remains unpaid for 60 days after...
- Texas Section 53.210 - Claims In Excess Of Bond Amount
If valid claims against the bond exceed the penal sum of the bond, each claimant is entitled to a pro rata share of the penal...
SUBCHAPTER J LIEN ON MONEY DUE PUBLIC WORKS CONTRACTOR
- Texas Section 53.211 - Attempted Compliance
(a) A bond shall be construed to comply with this subchapter, and the rights and remedies on the bond are enforceable in the same manner...
- Texas Section 53.231 - Lien
(a) A person who furnishes material or labor to a contractor under a prime contract with a governmental entity other than a municipality or a...
- Texas Section 53.232 - To Whom Notice Given; Manner
The lien claimant must send written notice of his claim by registered or certified mail to: (1) the officials of the state, county, town, or...
- Texas Section 53.233 - Contents Of Notice
(a) Whether based on written or oral agreement, the notice must contain: (1) the amount claimed; (2) the name of the party to whom the...
- Texas Section 53.234 - Time For Notice
The lien claimant must give notice not later than the 15th day of the second month following the month in which the labor was performed...
- Texas Section 53.235 - Official To Retain Funds
A public official who receives the notice may not pay all of the money, bonds, or warrants due the contractor, but shall retain enough to...
- Texas Section 53.236 - Bond For Release Of Lien
(a) If a claim is filed attempting to fix a lien under this subchapter, the contractor against whom the claim is made may file a...
- Texas Section 53.237 - Bond Requirements
The bond must be: (1) in an amount double the amount of the claims filed; (2) payable to the claimants; (3) executed by: (A) the...
- Texas Section 53.238 - Notice Of Bond
The official with whom the bond is filed shall send an exact copy of the bond by registered mail or certified mail, return receipt requested,...
SUBCHAPTER K RESIDENTIAL CONSTRUCTION PROJECTS
- Texas Section 53.239 - Action On Bond
(a) A claimant must sue on the bond within six months after the bond is filed. (b) The bond is not exhausted by one action...
- Texas Section 53.251 - Procedures For Residential Construction Projects
(a) This subchapter applies only to residential construction projects. (b) A person must comply with this subchapter in addition to the other applicable provisions of...
- Texas Section 53.252 - Derivative Claimant: Notice To Owner Or Original Contractor
(a) A claimant other than an original contractor must give the notice prescribed by this section for the lien to be valid. If the property...
- Texas Section 53.253 - Derivative Claimant: Notice For Specially Fabricated Items
(a) If specially fabricated materials have not been delivered to the property or incorporated in the residential construction project, the claimant who specially fabricates material...
- Texas Section 53.254 - Homestead
(a) To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written...
- Texas Section 53.255 - Disclosure Statement Required For Residential Construction Contract
(a) Before a residential construction contract is executed by the owner, the original contractor shall deliver to the owner a disclosure statement described by this...
- Texas Section 53.256 - List Of Subcontractors And Suppliers
(a) Except as provided by Subsection (d), for the construction of improvements under a residential construction contract, the original contractor shall: (1) furnish to the...
- Texas Section 53.257 - Provisions Related To Closing Of Loan For Construction Of Improvements
(a) If the owner is obtaining third-party financing for the construction of improvements under a residential construction contract, the lender shall deliver to the owner...
- Texas Section 53.258 - Disbursements Of Funds
(a) At the time the original contractor requests payment from the owner or the owner's lender for the construction of improvements under a residential construction...
- Texas Section 53.259 - Final Bills-paid Affidavit Required
(a) As a condition of final payment under a residential construction contract, the original contractor shall, at the time the final payment is tendered, execute...
SUBCHAPTER L WAIVER AND RELEASE OF LIEN OR PAYMENT BOND CLAIM
- Texas Section 53.260 - Conveyance To Contractor Not Required
An original contractor may not require an owner of real property to convey the real property to the original contractor or an entity controlled by...
- Texas Section 53.281 - Waiver And Release Of Lien Or Payment Bond Claim
(a) Any waiver and release of a lien or payment bond claim under this chapter is unenforceable unless a waiver and release is executed and...
- Texas Section 53.282 - Conditions For Waiver, Release, Or Impairment Of Lien Or Payment Bond Claim
(a) A statement purporting to waive, release, or otherwise adversely affect a lien or payment bond claim is not enforceable and does not create an...
- Texas Section 53.283 - Unconditional Waiver And Release: Payment Required
A person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress payment or final payment amount...
- Texas Section 53.284 - Forms For Waiver And Release Of Lien Or Payment Bond Claim
(a) A waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form described by Subsections...
- Texas Section 53.286 - Public Policy
Notwithstanding any other law and except as provided by Section 53.282, any contract, agreement, or understanding purporting to waive the right to file or enforce...
- Texas Section 53.287 - Certain Agreements Exempt
This subchapter does not apply to a written agreement to subordinate, release, waive, or satisfy all or part of a lien or bond claim in:...