reglab/housing_qa huggingface dataset:
TX Prop § 53.258 (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 K. Residential Construction Projects|Section 53.258. Disbursements of Funds

Sec. 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 contract, the original contractor shall provide to the owner a disbursement statement.  The statement may include any information agreed to by the owner and the original contractor and must include at least the name and address of each person who subcontracted directly with the original contractor and who the original contractor intends to pay from the requested funds.  The original contractor shall provide the disbursement statement:(1)  in the manner agreed to in writing by the owner and original contractor;  or(2)  if no agreement exists, by depositing the statement in the United States mail, first class, postage paid, and properly addressed to the owner or by hand delivering the statement to the owner before the original contractor receives the requested funds.(b)  If the owner finances the construction of improvements through a third party that advances loan proceeds directly to the original contractor, the lender shall:(1)  obtain from the original contractor the signed disbursement statement required by Subsection (a) that covers the funds for which the original contractor is requesting payment;  and(2)  provide to the owner a statement of funds disbursed by the lender since the last statement was provided to the owner.(c)  The lender shall provide to the owner the lender's disbursement statement and the disbursement statement the lender obtained from the contractor before the lender disburses the funds to the original contractor.  The disbursement statements may be provided in any manner agreed to by the lender and the owner.(d)  The lender is not responsible for the accuracy of the information contained in the disbursement statement obtained from the original contractor.(e)  The failure of a lender or an original contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust.(f)  A person commits an offense if the person intentionally, knowingly, or recklessly provides false or misleading information in a disbursement statement required under this section.  An offense under this section is a misdemeanor.  A person adjudged guilty of an offense under this section shall be punished by a fine not to exceed $4,000 or confinement in jail for a term not to exceed one year or both a fine and confinement.  A person may not receive community supervision for the offense.|Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 889, Sec. 10, eff. Sept. 1, 1999.|
TX Prop § 53.259 (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 K. Residential Construction Projects|Section 53.259. Final Bills-Paid Affidavit Required

Sec. 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 and deliver to the owner, or the owner's agent, an affidavit stating that the original contractor has paid each person in full for all labor and materials used in the construction of improvements on the real property.  If the original contractor has not paid each person in full, the original contractor shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each person to whom a payment is owed.(b)  The seller of any real property on which a structure of not more than four units is constructed and that is intended as the principal place of residence for the purchaser shall, at the closing of the purchase of the real property, execute and deliver to the purchaser, or the purchaser's agent, an affidavit stating that the seller has paid each person in full for all labor and materials used in the construction of improvements on the real property and that the seller is not indebted to any person by reason of any construction.  In the event that the seller has not paid each person in full, the seller shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each person to whom a payment is owed.(c)  A person commits an offense if the person intentionally, knowingly, or recklessly makes a false or misleading statement in an affidavit under this section.  An offense under this section is a misdemeanor.  A person adjudged guilty of an offense under this section shall be punished by a fine not to exceed $4,000 or confinement in jail for a term not to exceed one year or both a fine and confinement.  A person may not receive community supervision for the offense.(d)  A person signing an affidavit under this section is personally liable for any loss or damage resulting from any false or incorrect information in the affidavit.|Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.|
TX Prop § 53.260 (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 K. Residential Construction Projects|Section 53.260. Conveyance to Contractor Not Required

Sec. 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 the original contractor as a condition to the performance of the residential construction contract for improvements to the real property.|Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 889, Sec. 11, eff. Sept. 1, 1999.|
TX Prop § 53.281 (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 L. Waiver and Release of Lien or Payment Bond Claim|Section 53.281. Waiver and Release of Lien or Payment Bond Claim

Sec. 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 delivered in accordance with this subchapter.(b)  A waiver and release is effective to release the owner, the owner's property, the contractor, and the surety on a payment bond from claims and liens only if:(1)  the waiver and release substantially complies with one of the forms prescribed by Section 53.284;(2)  the waiver and release is signed by the claimant or the claimant's authorized agent; and(3)  in the case of a conditional release, evidence of payment to the claimant exists.|Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 35, eff. January 1, 2022.|
TX Prop § 53.282 (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 L. Waiver and Release of Lien or Payment Bond Claim|Section 53.282. Conditions for Waiver, Release, or Impairment of Lien or Payment Bond Claim

Sec. 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 estoppel or impairment of a lien or payment bond claim unless:(1)  the statement is in writing and substantially complies with a form prescribed by Section 53.284;(2)  the claimant has actually received payment in good and sufficient funds in full for the lien or payment bond claim; or(3)  the statement is:(A)  in a written original contract or subcontract for the construction, remodel, or repair of a single-family house, townhouse, or duplex or for land development related to a single-family house, townhouse, or duplex; and(B)  made before labor or materials are provided under the original contract or subcontract.(b)  The filing of a lien rendered unenforceable by a lien waiver under Subsection (a)(3) does not violate Section 12.002, Civil Practice and Remedies Code, unless:(1)  an owner or original contractor sends a written explanation of the basis for nonpayment, evidence of the contractual waiver of lien rights, and a notice of request for release of the lien to the claimant at the claimant's address stated in the lien affidavit; and(2)  the lien claimant does not release the filed lien affidavit on or before the 14th day after the date the owner or the original contractor sends the items required by Subdivision (1).(c)  Subsection (a)(3) does not apply to a person who supplies only material, and not labor, for the construction, remodel, or repair of a single-family house, townhouse, or duplex or for land development related to a single-family house, townhouse, or duplex.|Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.|
TX Prop § 53.283 (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 L. Waiver and Release of Lien or Payment Bond Claim|Section 53.283. Unconditional Waiver and Release: Payment Required

Sec. 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 unless the claimant or potential claimant received payment in that amount in good and sufficient funds.|Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.|
TX Prop § 53.286 (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 L. Waiver and Release of Lien or Payment Bond Claim|Section 53.286. Public Policy

Sec. 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 any lien or claim created under this chapter is void as against public policy.|Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.|
TX Prop § 53.287 (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 L. Waiver and Release of Lien or Payment Bond Claim|Section 53.287. Certain Agreements Exempt

Sec. 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:(1)  an accord and satisfaction of an identified dispute;(2)  an agreement concerning an action pending in any court or arbitration proceeding; or(3)  an agreement that is executed after an affidavit claiming the lien has been filed or the bond claim has been made.|Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.|
TX Prop § 54.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter A. Agricultural Landlord's Lien|Section 54.001. Lien

Sec. 54.001.  LIEN.  A person who leases land or tenements at will or for a term of years has a preference lien for rent that becomes due and for the money and the value of property that the landlord furnishes or causes to be furnished to the tenant to grow a crop on the leased premises and to gather, store, and prepare the crop for marketing.|Acts 1983, 68th Leg., p. 3557, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.002 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter A. Agricultural Landlord's Lien|Section 54.002. Property to Which Lien Attaches

Sec. 54.002.  PROPERTY TO WHICH LIEN ATTACHES.  (a)  Except as provided by Subsections (b) and (c), the lien attaches to:(1)  the property on the leased premises that the landlord furnishes or causes to be furnished to the tenant to grow a crop on the leased premises;  and(2)  the crop grown on the leased premises in the year that the rent accrues or the property is furnished.(b)  If the landlord provides everything except labor, the lien attaches only to the crop grown in the year that the property is furnished.(c)  The lien does not attach to the goods of a merchant, trader, or mechanic if the tenant sells and delivers the goods in good faith in the regular course of business.(d)  A law exempting property from forced sale does not apply to a lien under this subchapter on agricultural products, animals, or tools.|Acts 1983, 68th Leg., p. 3557, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.003 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter A. Agricultural Landlord's Lien|Section 54.003. Exceptions

Sec. 54.003.  EXCEPTIONS.  The lien does not arise if:(1)  a tenant provides everything necessary to cultivate the leased premises and the landlord charges rent of more than one-third of the value of the grain and one-fourth of the value of the cotton grown on the premises;  or(2)  a landlord provides everything except the labor and directly or indirectly charges rent of more than one-half of the value of the grain and cotton grown on the premises.|Acts 1983, 68th Leg., p. 3558, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.004 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter A. Agricultural Landlord's Lien|Section 54.004. Duration of Lien

Sec. 54.004.  DURATION OF LIEN.  The lien exists while the property to which it is attached remains on the leased premises and until one month after the day that the property is removed from the premises.  If agricultural products to which the lien is attached are placed in a public or bonded warehouse regulated by state law before the 31st day after the day that they are removed from the leased premises, the lien exists while they remain in the warehouse.|Acts 1983, 68th Leg., p. 3558, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.005 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter A. Agricultural Landlord's Lien|Section 54.005. Removal of Property

Sec. 54.005.  REMOVAL OF PROPERTY.  (a)  If an advance or rent is unpaid, a tenant may not without the landlord's consent remove or permit the removal of agricultural products or other property to which the lien is attached from the leased premises.(b)  If agricultural products subject to the lien are removed with the landlord's consent from the leased premises for preparation for market, the lien continues to exist as if the products had not been removed.|Acts 1983, 68th Leg., p. 3558, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.006 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter A. Agricultural Landlord's Lien|Section 54.006. Distress Warrant

Sec. 54.006.  DISTRESS WARRANT.  (a)  The person to whom rent or an advance is payable under the lease or the person's agent, attorney, assign, or other legal representative may apply to an appropriate justice of the peace for a distress warrant if the tenant:(1)  owes any rent or an advance;(2)  is about to abandon the premises;  or(3)  is about to remove the tenant's property from the premises.(b)  The application for a warrant must be filed with a justice of the peace:(1)  in the precinct in which the leasehold is located or in which the property subject to the landlord's lien is located;  or(2)  who has jurisdiction of the cause of action.|Acts 1983, 68th Leg., p. 3558, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 9, eff. Sept. 1, 1993.|
TX Prop § 54.007 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter A. Agricultural Landlord's Lien|Section 54.007. Judgment on Replevin Bond

Sec. 54.007.  JUDGMENT ON REPLEVIN BOND.  If a final judgment is rendered against a defendant who has replevied property seized under a distress warrant, the sureties on the defendant's replevy bond are also liable under the judgment, according to the terms of the bond.|Acts 1983, 68th Leg., p. 3559, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.021 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter B. Building Landlord's Lien|Section 54.021. Lien

Sec. 54.021.  LIEN.  A person who leases or rents all or part of a building for nonresidential use has a preference lien on the property of the tenant or subtenant in the building for rent that is due and for rent that is to become due during the current 12-month period succeeding the date of the beginning of the rental agreement or an anniversary of that date.|Acts 1983, 68th Leg., p. 3559, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 200, Sec. 2, eff. Aug. 26, 1985.|
TX Prop § 54.022 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter B. Building Landlord's Lien|Section 54.022. Commercial Building

Sec. 54.022.  COMMERCIAL BUILDING.  (a)  The lien is unenforceable for rent on a commercial building that is more than six months past due unless the landlord files a lien statement with the county clerk of the county in which the building is located.(b)  The lien statement must be verified by the landlord or the landlord's agent or attorney and must contain:(1)  an account, itemized by month, of the rent for which the lien is claimed;(2)  the name and address of the tenant or subtenant, if any;(3)  a description of the leased premises;  and(4)  the beginning and termination dates of the lease.(c)  Each county clerk shall index alphabetically and record the rental lien statements filed in the clerk's office.|Acts 1983, 68th Leg., p. 3559, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.023 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter B. Building Landlord's Lien|Section 54.023. Exemptions

Sec. 54.023.  EXEMPTIONS.  This subchapter does not affect a statute exempting property from forced sale.|Acts 1983, 68th Leg., p. 3560, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.024 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter B. Building Landlord's Lien|Section 54.024. Duration of Lien

Sec. 54.024.  DURATION OF LIEN.  The lien exists while the tenant occupies the building and until one month after the day that the tenant abandons the building.|Acts 1983, 68th Leg., p. 3560, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.025 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter B. Building Landlord's Lien|Section 54.025. Distress Warrant

Sec. 54.025.  DISTRESS WARRANT.  The person to whom rent is payable under a building lease or the person's agent, attorney, assign, or other legal representative may apply to the justice of the peace in the precinct in which the building is located for a distress warrant if the tenant:(1)  owes rent;(2)  is about to abandon the building;  or(3)  is about to remove the tenant's property from the building.|Acts 1983, 68th Leg., p. 3560, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 10, eff. Sept. 1, 1993.|
TX Prop § 54.041 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter C. Residential Landlord's Lien|Section 54.041. Lien

Sec. 54.041.  LIEN.  A landlord of a single or multifamily residence has a lien for unpaid rent that is due.  The lien attaches to nonexempt property that is in the residence or that the tenant has stored in a storage room.|Acts 1983, 68th Leg., p. 3560, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.042 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter C. Residential Landlord's Lien|Section 54.042. Exemptions

Sec. 54.042.  EXEMPTIONS.  A lien under this subchapter does not attach to:(1)  wearing apparel;(2)  tools, apparatus, and books of a trade or profession;(3)  schoolbooks;(4)  a family library;(5)  family portraits and pictures;(6)  one couch, two living room chairs, and a dining table and chairs;(7)  beds and bedding;(8)  kitchen furniture and utensils;(9)  food and foodstuffs;(10)  medicine and medical supplies;(11)  one automobile and one truck;(12)  agricultural implements;(13)  children's toys not commonly used by adults;(14)  goods that the landlord or the landlord's agent knows are owned by a person other than the tenant or an occupant of the residence;  and(15)  goods that the landlord or the landlord's agent knows are subject to a recorded chattel mortgage or financing agreement.|Acts 1983, 68th Leg., p. 3560, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.|
TX Prop § 54.043 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter C. Residential Landlord's Lien|Section 54.043. Enforceability of Contractual Provisions

Sec. 54.043.  ENFORCEABILITY OF CONTRACTUAL PROVISIONS.  (a)  A contractual landlord's lien is not enforceable unless it is underlined or printed in conspicuous bold print in the lease agreement.(b)  A provision of a lease that purports to waive or diminish a right, liability, or exemption of this subchapter is void to the extent limited by this subchapter.|Acts 1983, 68th Leg., p. 3561, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 54.044 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 54 - Landlord's Liens|Subchapter C. Residential Landlord's Lien|Section 54.044. Seizure of Property

Sec. 54.044.  SEIZURE OF PROPERTY.  (a)  The landlord or the landlord's agent may not seize exempt property and may seize nonexempt property only if it is authorized by a written lease and can be accomplished without a breach of the peace.(b)  Immediately after seizing property under Subsection (a) of this section, the landlord or the landlord's agent shall leave written notice of entry and an itemized list of the items removed.  The notice and list shall be left in a conspicuous place within the dwelling.  The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the tenant may contact regarding the amount owed.  The notice must also state that the property will be promptly returned on full payment of the delinquent rent.(c)  Unless authorized in a written lease, the landlord is not entitled to collect a charge for packing, removing, or storing property seized under this section.(d)  If the tenant has abandoned the premises, the landlord or the landlord's agent may remove its contents.|Acts 1983, 68th Leg., p. 3561, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.|