reglab/housing_qa huggingface dataset:
TX Prop § 53.124 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter F. Priorities and Preferences|Section 53.124. Inception of Mechanic's Lien

Sec. 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 of improvements or delivery of materials to the land on which the improvements are to be located and on which the materials are to be used.(b)  The construction or materials under Subsection (a) must be visible from inspection of the land on which the improvements are being made.(c)  An owner and original contractor may jointly file an affidavit of commencement with the county clerk of the county in which the land is located not later than the 30th day after the date of actual commencement of construction of the improvements or delivery of materials to the land.  The affidavit must contain:(1)  the name and address of the owner;(2)  the name and address of each original contractor, known at the time to the owner, that is furnishing labor, service, or materials for the construction of the improvements;(3)  a description, legally sufficient for identification, of the property being improved;(4)  the date the work actually commenced;  and(5)  a general description of the improvement.(d)  An affidavit filed in compliance with this section is prima facie evidence of the date of the commencement of the improvement described in the affidavit.  The time of inception of a mechanic's lien arising from work described in an affidavit of commencement is the date of commencement of the work stated in the affidavit.(e)  The time of inception of a lien that is created under Section 53.021(c), (d), or (e) is the date of recording of an affidavit of lien under Section 53.052.  The priority of a lien claimed by a person entitled to a lien under Section 53.021(c), (d), or (e) with respect to other mechanic's liens is determined by the date of recording.  A lien created under Section 53.021(c), (d), or (e) is not valid or enforceable against a grantee or purchaser who acquires an interest in the real property before the time of inception of the lien.|Acts 1983, 68th Leg., p. 3547, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 19, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 851, Sec. 5, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 896, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 410, Sec. 2, eff. Sept. 1, 2003.|
TX Prop § 53.151 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.151. Enforcement of Remedies Against Money Due Original Contractor or Subcontractor

Sec. 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 contractor or the contractor's surety from the owner, and a creditor of a subcontractor may not collect, enforce a security interest against, garnish, or levy execution on the money due the subcontractor, to the prejudice of the subcontractors, mechanics, laborers, materialmen, or their sureties.(b)  A surety issuing a payment bond or performance bond in connection with the improvements has a priority claim over other creditors of its principal to contract funds to the extent of any loss it suffers or incurs.  That priority does not excuse the surety from paying any obligations that it may have under its payment bonds.|Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 20, eff. Sept. 1, 1989.|
TX Prop § 53.152 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.152. Release of Claim or Lien

Sec. 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 later than the 10th day after the date of receipt of a written request, furnish to the requesting person a release of the indebtedness and any lien claimed, to the extent of the indebtedness paid.  An owner, the original contractor, or any person making the payment may request the release.(b)  A release of lien must be in a form that would permit it to be filed of record.|Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 21, eff. Sept. 1, 1989.|
TX Prop § 53.153 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.153. Defense of Actions

Sec. 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 own expense a suit brought on the claim.(b)  If the suit results in judgment on the lien against the owner or the owner's property, the owner is entitled to deduct the amount of the judgment and costs from any amount due the original contractor.  If the owner has settled with the original contractor in full, the owner is entitled to recover from the original contractor any amount paid for which the original contractor was originally liable.|Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 53.154 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.154. Foreclosure

Sec. 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 subject to the lien.|Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 53.155 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.155. Transfer of Property Sold

Sec. 53.155.  TRANSFER OF PROPERTY SOLD.  If the improvement is sold separately from the land, the officer making the sale shall provide the purchaser a reasonable time after the date of purchase within which to remove and take possession of the purchased improvement.|Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 21, eff. January 1, 2022.|
TX Prop § 53.156 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.156. Costs and Attorney's Fees

Sec. 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 proceeding to declare that any lien or claim is invalid or unenforceable in whole or in part, the court shall award costs and reasonable attorney's fees as are equitable and just.  With respect to a lien or claim arising out of a residential construction contract, the court is not required to order the property owner to pay costs and attorney's fees under this section.|Added by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 4(a), eff. Oct. 2, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 22, eff. Sept. 1, 1989.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 51 (S.B. 539), Sec. 1, eff. September 1, 2011.|
TX Prop § 53.157 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.157. Discharge of Lien

Sec. 53.157.  DISCHARGE OF LIEN.  An affidavit claiming a mechanic's lien filed under Section 53.052 may be discharged of record by:(1)  recording a lien release signed by the claimant under Section 53.152;(2)  failing to institute suit to foreclose the lien in the county in which the improvement is located within the period prescribed by Section 53.158, 53.175, or 53.208;(3)  recording the original or certified copy of a final judgment or decree of a court of competent jurisdiction providing for the discharge;(4)  filing the bond and notice in compliance with Subchapter H;(5)  filing the bond in compliance with Subchapter I; or(6)  recording a certified copy of the order removing the lien under Section 53.160, provided that no bond or deposit as described by Section 53.161 was filed by the claimant within 30 days after the date the order was entered.|Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 526, Sec. 15, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 22, eff. January 1, 2022.|
TX Prop § 53.158 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.158. Period for Bringing Suit to Foreclose Lien

Sec. 53.158.  PERIOD FOR BRINGING SUIT TO FORECLOSE LIEN.  (a)  Except as provided by Subsection (a-2), suit must be brought to foreclose the lien not later than the first anniversary of the last day a claimant may file the lien affidavit under Section 53.052.(a-1)  Notwithstanding Section 16.069, Civil Practice and Remedies Code, or any other law, if suit is pursued solely to discharge a lien because limitations have expired on bringing a lien foreclosure suit, the lien claimant's rights to pursue a suit to foreclose a lien are not revived.(a-2)  The limitations period established under Subsection (a) may be extended to not later than the second anniversary of the date the claimant filed the lien affidavit under Section 53.052 if, before the expiration of the limitations period established under Subsection (a), the claimant enters into a written agreement with the then-current record owner of the property to extend the limitations period.  The agreement must be recorded with the clerk of the same county where the lien was recorded and is considered to be notice of the extension to any subsequent purchaser.(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(9), eff. January 1, 2022.|Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 526, Sec. 16, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 889, Sec. 4, eff. Sept. 1, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 23, eff. January 1, 2022.Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(9), eff. January 1, 2022.|
TX Prop § 53.161 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.161. Bond Requirements After Order to Remove

Sec. 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 removal of the claim or lien.  The sum must be an amount that the court determines is a reasonable estimate of the costs and attorney's fees the movant is likely to incur in the proceeding to determine the validity or enforceability of the lien.  The sum may not exceed the amount of the lien claim.(b)  The court shall stay the order removing the lien if the claimant files a bond or a deposit in lieu of a bond in the amount set in the order with the clerk of the court not later than the 30th day after the date the order is entered by the court unless, for good cause, the court orders a later date for filing the bond or the deposit in lieu of a bond.  If the court fails to set the amount of the security required, the amount required is the amount of the lien claim.(c)  The bond must be:(1)  executed by a corporate surety authorized to do business in this state and licensed by this state to execute bonds as surety;  and(2)  conditioned on the claimant's payment of any final judgment rendered against the claimant in the proceeding for attorney's fees and costs to the movant under Section 53.156.(d)  In lieu of filing a bond, the claimant may deposit in the amount set by the court for the surety bond:(1)  cash;(2)  a negotiable obligation of the federal government or a federal agency;  or(3)  a negotiable obligation of a financial institution chartered by the federal or state government that is insured by the federal government or a federal agency.(e)  A deposit made under Subsection (d) must be conditioned in the same manner as a surety bond.  Any interest accrued on the deposit amount is a part of the deposit.(f)  If the claimant fails to file the bond or the deposit in lieu of the bond in compliance with this section, the owner may file:(1)  a certified copy of the order;  and(2)  a certificate from the clerk of the court stating that:(A)  no bond or deposit in lieu of the bond was filed within 30 days after the date the order was entered by the court;  and(B)  no order staying the order to remove the lien was entered by the court.(g)  The claim or lien is removed and extinguished as to a creditor or subsequent purchaser for valuable consideration who obtains an interest in the property after the certified copy of the order and certificate of the clerk of the court are filed with the county clerk.  The removal of the lien does not constitute a release of the liability of the owner, if any, to the claimant.|Added by Acts 1997, 75th Leg., ch. 526, Sec. 17, eff. Sept. 1, 1997.|
TX Prop § 53.162 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter G. Release and Foreclosure; Action on Claim|Section 53.162. Revival of Removed Lien

Sec. 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 suit establishing the validity and ordering the foreclosure of the lien, the claimant may file a certified copy of the final judgment with the county clerk.(b)  The filed judgment revives the lien, and the claimant may foreclose the lien.(c)  A lien revived under this section is void as to a creditor or subsequent purchaser for valuable consideration who obtained an interest in the property:(1)  after the order removing the lien and the certificate from the clerk of the court was filed with the county clerk;  and(2)  before the final judgment reviving the lien was filed with the county clerk.|Added by Acts 1997, 75th Leg., ch. 526, Sec. 17, eff. Sept. 1, 1997.|
TX Prop § 53.171 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter H. Bond to Indemnify Against Lien|Section 53.171. Bond

Sec. 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 a recorded instrument under this chapter, any person may file a bond to indemnify against the lien.(b)  The bond shall be filed with the county clerk of the county in which the property subject to the lien is located.(c)  A mechanic's lien claim against an owner's property is discharged after:(1)  a bond that complies with Section 53.172 is filed;(2)  the notice of the bond is issued as provided by Section 53.173;  and(3)  the bond and notice are recorded as provided by Section 53.174.|Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 24, 39(1), eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 18, eff. Sept. 1, 1997.|
TX Prop § 53.172 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter H. Bond to Indemnify Against Lien|Section 53.172. Bond Requirements

Sec. 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 it;(3)  be in an amount that is double the amount of the liens referred to in the bond unless the total amount claimed in the liens exceeds $40,000, in which case the bond must be in an amount that is the greater of 1-1/2 times the amount of the liens or the sum of $40,000 and the amount of the liens;(4)  be payable to the parties claiming the liens;(5)  be executed by:(A)  the party filing the bond as principal;  and(B)  a corporate surety authorized and admitted to do business under the law in this state and licensed by this state to execute the bond as surety, subject to Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);  and(6)  be conditioned substantially that the principal and sureties will pay to the named obligees or to their assignees the amount that the named obligees would have been entitled to recover if their claims had been proved to be valid and enforceable liens on the property.|Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 25, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1132, Sec. 2, eff. Sept. 1, 1997.|
TX Prop § 53.173 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter H. Bond to Indemnify Against Lien|Section 53.173. Notice of Bond

Sec. 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 must be attached to the notice.(c)  The notice must be served on each obligee by mailing a copy of the notice and the bond to the obligee by certified mail addressed to the claimant at the address stated in the lien affidavit for the obligee.(d)  If the claimant's lien affidavit does not state the claimant's address, the notice is not required to be mailed to the claimant.|Acts 1983, 68th Leg., p. 3550, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 26, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 19, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 25, eff. January 1, 2022.|
TX Prop § 53.174 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter H. Bond to Indemnify Against Lien|Section 53.174. Recording of Bond and Notice

Sec. 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 in or insuring title to real property, a purchaser, insurer of title, or lender may rely on and is absolutely protected by the record of the bond and the notice to the same extent as if the lien claimant had filed a release of lien in the real property records.|Acts 1983, 68th Leg., p. 3550, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 27, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 20, eff. Sept. 1, 1997.|
TX Prop § 53.175 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter H. Bond to Indemnify Against Lien|Section 53.175. Action on Bond

Sec. 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 notice is served or after the date on which the underlying lien claim becomes unenforceable under Section 53.158.(b)  The bond is not exhausted by one action against it.  Each named obligee or assignee of an obligee may maintain a separate suit on the bond in any court of jurisdiction in the county in which the real property is located.|Acts 1983, 68th Leg., p. 3550, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 28, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 21, eff. Sept. 1, 1997.|
TX Prop § 53.201 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter I. Bond to Pay Liens or Claims|Section 53.201. Bond

Sec. 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)  If a valid bond is filed, a claimant may not file suit against the owner or the owner's property and the owner is relieved of obligations under Subchapter D or E.|Acts 1983, 68th Leg., p. 3551, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1997, 75th Leg., ch. 526, Sec. 22, eff. Sept. 1, 1997.|
TX Prop § 53.202 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien|Subchapter I. Bond to Pay Liens or Claims|Section 53.202. Bond Requirements

Sec. 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 the owner;(3)  have the written approval of the owner endorsed on it;(4)  be executed by:(A)  the original contractor as principal; and(B)  a corporate surety authorized and admitted to do business in this state and licensed by this state to execute bonds as surety, subject to Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);(5)  be conditioned on prompt payment for all labor, subcontracts, materials, specially fabricated materials, and normal and usual extras not exceeding 15 percent of the contract price; and(6)  clearly and prominently display on the bond or on an attachment to the bond:(A)  the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or(B)  the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number.|Acts 1983, 68th Leg., p. 3551, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 29, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1132, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 380, Sec. 5, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.158, eff. September 1, 2005.|