Texas Property Code Title 5, Chapter 56 - Liens Against Mineral Property

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 56.001 - Definitions
  In this chapter: (1) "Mineral activities" means digging, drilling, torpedoing, operating, completing, maintaining, or repairing an oil, gas, or water well, an oil or gas...
• Texas Section 56.002 - Lien
  A mineral contractor or subcontractor has a lien to secure payment for labor or services related to the mineral activities. Acts 1983, 68th Leg., p....
• Texas Section 56.003 - Property Subject To Lien
  (a) The following property is subject to the lien: (1) the material, machinery, and supplies furnished or hauled by the lien claimant; (2) the land,...
• Texas Section 56.004 - Priority
  (a) The lien does not affect an encumbrance that attached to land or a leasehold before the lien's inception. (b) The lien on material, machinery,...
• Texas Section 56.005 - Accrual Of Indebtedness
  (a) The indebtedness for labor performed by the day or week accrues at the end of each week during which the labor is performed. (b)...

SUBCHAPTER B SECURING LIEN

• Texas Section 56.006 - Liability Of Owner
  An owner of land or a leasehold may not be subjected to liability under this chapter greater than the amount agreed to be paid in...
• Texas Section 56.021 - Securing Lien
  (a) Not later than six months after the day the indebtedness accrues, a person claiming the lien must file an affidavit with the county clerk...
• Texas Section 56.022 - Contents Of Affidavit
  (a) A lien claimant's affidavit must include: (1) the name of the mineral property owner involved, if known; (2) the name and mailing address of...
• Texas Section 56.023 - Contents Of Mineral Subcontractor's Notice
  A mineral subcontractor's notice to the property owner must include the amount of the lien, the name of the person indebted to the subcontractor, and...

SUBCHAPTER C ENFORCEMENT

• Texas Section 56.024 - Filing In New County
  (a) Not later than the 90th day after the day that property to which the lien has attached is removed from a county in which...
• Texas Section 56.041 - Enforcement
  (a) A claimant must enforce the lien within the same time and in the same manner as a mechanic's, contractor's, or materialman's lien under Chapter...
• Texas Section 56.042 - Sale Or Removal Of Property
  (a) A mineral property owner, contractor, subcontractor, or purchaser or an agent, trustee, or receiver of one of those persons may not sell property to...
• Texas Section 56.043 - Retention Of Payment
  A property owner who is served with a mineral subcontractor's notice may withhold payment to the contractor in the amount claimed until the debt on...
• Texas Section 56.044 - Forfeiture Of Leasehold
  Forfeiture of a leasehold does not impair a lien on material, machinery, supplies, or an improvement located on the leasehold if: (1) the lien attached...
• Texas Section 56.045 - Equitable Or Contingent Interest
  Failure of an equitable interest to become legal title or nonfulfillment of a condition subsequent on which a legal interest is contingent does not impair...

Last modified: September 28, 2016