reglab/housing_qa huggingface dataset:
TX Prop § 53.026 (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 B. Persons Entitled to Lien; Subject Property|Section 53.026. Sham Contract

Sec. 53.026.  SHAM CONTRACT.(a)  A person who labors or furnishes labor or materials under a direct contractual relationship with a purported original contractor is considered to be an original contractor for purposes of perfecting a mechanic's lien.(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(2), eff. January 1, 2022.|Acts 1983, 68th Leg., p. 3537, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 3, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 4, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 7, eff. January 1, 2022.Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(2), eff. January 1, 2022.|
TX Prop § 53.051 (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 C. Procedure for Perfecting Lien|Section 53.051. Necessary Procedures

Sec. 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.|
TX Prop § 53.052 (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 C. Procedure for Perfecting Lien|Section 53.052. Filing of Affidavit

Sec. 53.052.  FILING OF AFFIDAVIT.  (a)  An original contractor claiming the lien must file an affidavit with the county clerk:(1)  for projects other than residential construction projects, not later than the 15th day of the fourth month after the month in which the original contractor's work was completed, terminated, or abandoned; or(2)  for residential construction projects, not later than the 15th day of the third month after the month in which the original contractor's work was completed, terminated, or abandoned.(b)  Except as provided by Subsection (c) or (d), a claimant other than an original contractor claiming the lien must file an affidavit with the county clerk not later than the 15th day of the fourth month after the later of:(1)  the month the claimant last provided labor or materials; or(2)  the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.(c)  A claimant other than an original contractor claiming a lien arising from a residential construction project must file an affidavit with the county clerk not later than the 15th day of the third month after the later of:(1)  the month the claimant last provided labor or materials; or(2)  the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.(d)  A claimant other than an original contractor claiming a lien for retainage must file an affidavit with the county clerk not later than the 15th day of the third month after the month in which the original contract under which the claimant performed was completed, terminated, or abandoned.(e)  An affidavit under this chapter must be filed in the county where the improvements are located.  The county clerk shall record the affidavit in records kept for that purpose and shall index and cross-index the affidavit in the names of the claimant, the original contractor, and the owner.  Failure of the county clerk to properly record or index a filed affidavit does not invalidate the lien.|Acts 1983, 68th Leg., p. 3538, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 4, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 5, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 8, eff. January 1, 2022.|
TX Prop § 53.054 (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 C. Procedure for Perfecting Lien|Section 53.054. Contents of Affidavit

Sec. 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)  a sworn statement of the amount of the claim;(2)  the name and last known address of the owner or reputed owner;(3)  a general statement of the kind of work done and materials furnished by the claimant and, for a claimant other than an original contractor, a statement of each month in which the work was done and materials furnished for which payment is requested;(4)  the name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor;(5)  the name and last known address of the original contractor;(6)  a description, legally sufficient for identification, of the property sought to be charged with the lien;  (7)  the claimant's name, mailing address, and, if different, physical address;  and(8)  for a claimant other than an original contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent.(b)  The claimant may attach to the affidavit a copy of any applicable written agreement or contract and a copy of each notice sent to the owner.(c)  The affidavit is not required to set forth individual items of work done or material furnished or specially fabricated.  The affidavit may use any abbreviations or symbols customary in the trade.|Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 6, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 6, eff. Sept. 1, 1997.|
TX Prop § 53.055 (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 C. Procedure for Perfecting Lien|Section 53.055. Notice of Filed Affidavit

Sec. 53.055.  NOTICE OF FILED AFFIDAVIT.  (a)  A person who files an affidavit must send a copy of the affidavit to the owner or reputed owner at the owner's last known business or residence address not later than the fifth day after the date the affidavit is filed with the county clerk.(b)  If the person is not an original contractor, the person must also send a copy of the affidavit to the original contractor at the original contractor's last known business or residence address within the same period.|Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 7, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 7, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 526, Sec. 7, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 889, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 9, eff. January 1, 2022.|
TX Prop § 53.081 (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 D. Funds Withheld by Owner Following Notice|Section 53.081. Authority to Withhold Funds for Benefit of Claimants

Sec. 53.081.  AUTHORITY TO WITHHOLD FUNDS FOR BENEFIT OF CLAIMANTS.  (a)  If an owner receives notice under Section 53.056 or 53.057, the owner may withhold from payments to the original contractor an amount necessary to pay the claim for which he receives notice.  The withholding may be in addition to any reserved funds.(b)  If notice is sent under Section 53.056, the owner may withhold the funds immediately on receipt of the notice.(c)  If notice is sent under Section 53.057, the owner may withhold funds immediately on receipt of a copy of the claimant's affidavit prepared in accordance with Sections 53.052 through 53.055.(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(7), eff. January 1, 2022.|Acts 1983, 68th Leg., p. 3543, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 12, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 11, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 14, eff. January 1, 2022.Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(7), eff. January 1, 2022.|
TX Prop § 53.082 (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 D. Funds Withheld by Owner Following Notice|Section 53.082. Time for Which Funds Are Withheld

Sec. 53.082.  TIME FOR WHICH FUNDS ARE WITHHELD.  Unless the claim is otherwise settled, discharged, indemnified against under Subchapter H or I, or determined to be invalid by a final judgment of a court, the owner shall retain the funds withheld until:(1)  the time for filing the affidavit of mechanic's lien has passed; or(2)  if a lien affidavit has been filed, the lien claim has been satisfied or released.|Acts 1983, 68th Leg., p. 3544, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 13, eff. Sept. 1, 1989.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 15, eff. January 1, 2022.|
TX Prop § 53.084 (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 D. Funds Withheld by Owner Following Notice|Section 53.084. Owner's Liability

Sec. 53.084.  OWNER'S LIABILITY.  (a)  Except for the amount the owner fails to reserve under Subchapter E, the owner is not liable for any amount paid to the original contractor before the owner is authorized to withhold funds under this subchapter.(b)  If the owner has received a notice required by Section 53.056 or 53.057, if the lien has been secured, and if the claim has been reduced to final judgment, the owner is liable and the owner's property is subject to a claim for any money paid to the original contractor after the owner was authorized to withhold funds under this subchapter.  The owner is liable for that amount in addition to any amount for which the owner is liable under Subchapter E.|Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1997, 75th Leg., ch. 526, Sec. 12, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 16, eff. January 1, 2022.|
TX Prop § 53.101 (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 E. Funds Reserved for Benefit of Lien Claimants|Section 53.101. Funds Required to Be Reserved

Sec. 53.101.  FUNDS REQUIRED TO BE RESERVED.  (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 under the contract is completed, the owner shall reserve:(1)  10 percent of the contract price of the work to the owner; or(2)  10 percent of the value of the work, measured by the proportion that the work done bears to the work to be done, using the contract price or, if there is no contract price, using the reasonable value of the completed work.(b)  In this section, "owner" includes the owner's agent, trustee, or receiver.|Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 15, eff. Sept. 1, 1989.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.|
TX Prop § 53.102 (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 E. Funds Reserved for Benefit of Lien Claimants|Section 53.102. Payment Secured by Reserved Funds

Sec. 53.102.  PAYMENT SECURED BY RESERVED FUNDS.  The reserved funds secure the payment of artisans and mechanics who perform labor or service and the payment of other persons who furnish material, material and labor, or specially fabricated material for any contractor, subcontractor, agent, or receiver in the performance of the work.|Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.|
TX Prop § 53.103 (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 E. Funds Reserved for Benefit of Lien Claimants|Section 53.103. Lien on Reserved Funds

Sec. 53.103.  LIEN ON RESERVED FUNDS.  A claimant has a lien on the reserved funds if the claimant:(1)  sends the notices required by this chapter in the time and manner required; and(2)  except as allowed by Section 53.057(f), files an affidavit claiming a lien not later than the 30th day after the earliest of the date:(A)  the work is completed;(B)  the original contract is terminated; or(C)  the original contractor abandons performance under the original contract.|Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2005, 79th Leg., Ch. 1003 (H.B. 629), Sec. 1, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 3, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.|
TX Prop § 53.104 (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 E. Funds Reserved for Benefit of Lien Claimants|Section 53.104. Preferences

Sec. 53.104.  PREFERENCES.  (a)  Individual artisans and mechanics are entitled to a preference to the reserved funds and shall share proportionately to the extent of their claims for wages and fringe benefits earned.(b)  After payment of artisans and mechanics who are entitled to a preference under Subsection (a), other participating claimants share proportionately in the balance of the reserved funds.|Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 16, eff. Sept. 1, 1989.Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.|
TX Prop § 53.105 (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 E. Funds Reserved for Benefit of Lien Claimants|Section 53.105. Owner's Liability for Failure to Reserve Funds

Sec. 53.105.  OWNER'S LIABILITY FOR FAILURE TO RESERVE FUNDS.  (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 least to the extent of the amount that should have been reserved from the original contract under which they are claiming, against the improvements and all of its properties and against the lot or lots of land necessarily connected.(b)  The claimants share the lien proportionately in accordance with the preference provided by Section 53.104.|Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 13.02, eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1138, Sec. 17, eff. Sept. 1, 1989.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 4, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.|
TX Prop § 53.106 (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 E. Funds Reserved for Benefit of Lien Claimants|Section 53.106. Affidavit of Completion

Sec. 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 contain:(1)  the name and address of the owner;(2)  the name and address of the original contractor;(3)  a description, legally sufficient for identification, of the real property on which the improvements are located;(4)  a description of the improvements furnished under the original contract;(5)  a statement that the improvements under the original contract have been completed and the date of completion; and(6)  a conspicuous statement that a claimant may not have a lien on retained funds unless the claimant files an affidavit claiming a lien in the time and manner required by this chapter.(b)  A copy of the affidavit must be sent to the original contractor and to each claimant who sends a notice to the owner under Section 53.056 or 53.057 not later than the third day after the date the affidavit is filed or the 10th day after the date the owner receives the notice of lien liability, whichever is later.(c)  A copy of the affidavit must also be sent to each person who furnishes labor or materials for the property and who furnishes the owner with a written request for the copy.  The owner must furnish the copy to the person not later than the date the affidavit is filed or the 10th day after the date the request is received, whichever is later.(d)  An affidavit filed under this section is prima facie evidence of the date the work under the original contract is completed for purposes of this chapter.  If the affidavit is filed after the 10th day after the date of completion, the date of completion for purposes of this subchapter is the date the affidavit is filed.  This subsection does not apply to a person to whom the affidavit was not sent as required by this section.(e)  Repealed by Acts 1999, 76th Leg., ch. 889, Sec. 12, eff. Sept. 1, 1999.|Added by Acts 1989, 71st Leg., ch. 1138, Sec. 18, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 526, Sec. 14, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 889, Sec. 12, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 5, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 19, eff. January 1, 2022.|
TX Prop § 53.107 (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 E. Funds Reserved for Benefit of Lien Claimants|Section 53.107. Notice Relating to Termination of Work or Abandonment of Performance by Original Contractor or Owner

Sec. 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, the owner shall give notice to each subcontractor who, before the date of termination or abandonment, has:(1)  given notice to the owner as provided by Section 53.056 or 53.057; or(2)  sent to the owner a written request for notice of termination or abandonment.(b)  The notice must contain:(1)  the name and address of the owner;(2)  the name and address of the original contractor;(3)  a description, legally sufficient for identification, of the real property on which the improvements are located;(4)  a general description of the improvements agreed to be furnished under the original contract;(5)  a statement that the original contract has been terminated or that performance under the contract has been abandoned;(6)  the date of the termination or abandonment; and(7)  a conspicuous statement that a claimant may not have a lien on the retained funds unless the claimant files an affidavit claiming a lien in the time and manner required by this chapter.(c)  A notice sent in compliance with this section on or before the 10th day after the date of termination or abandonment is prima facie evidence of the date the original contract was terminated or work was abandoned for purposes of this subchapter.(d)  If an owner is required to send a notice to a subcontractor under this section and fails to send the notice, the subcontractor is not required to comply with Section 53.057 to claim retainage and may claim a lien by filing a lien affidavit as prescribed by Section 53.052.(e)  This section does not apply to a residential construction project.|Added by Acts 2005, 79th Leg., Ch. 1003 (H.B. 629), Sec. 2, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 6, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 20, eff. January 1, 2022.|
TX Prop § 53.121 (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 53.121. Preference Over Other Creditors

Sec. 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, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 53.122 (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 53.122. Equality of Mechanic's Liens

Sec. 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 affidavit claiming the lien.(b)  If the proceeds of a foreclosure sale of property are insufficient to discharge all mechanic's liens against the property, the proceeds shall be paid pro rata on the perfected mechanic's liens on which suit is brought.(c)  This chapter does not affect the contract between the owner and the original contractor as to the amount, manner, or time of payment of the contract price.|Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 851, Sec. 4, eff. Sept. 1, 1995.|
TX Prop § 53.123 (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 53.123. Priority of Mechanic's Lien Over Other Liens

Sec. 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, encumbrance, or mortgage on the land on which it is located, and the person enforcing the lien may have the house, building, improvement, or any piece of the railroad property sold separately.(b)  The mechanic's lien does not affect any lien, encumbrance, or mortgage on the land or improvement at the time of the inception of the mechanic's lien, and the holder of the lien, encumbrance, or mortgage need not be made a party to a suit to foreclose the mechanic's lien.|Acts 1983, 68th Leg., p. 3547, ch. 576, Sec. 1, eff. Jan. 1, 1984.|