2023 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 53.057. Derivative Claimant: Notice of Claim for Unpaid Retainage

Sec. 53.057.  DERIVATIVE CLAIMANT:  NOTICE OF CLAIM FOR UNPAID RETAINAGE.  (a)  To the extent that a claim for unpaid retainage is not included wholly or partly in a notice provided under Section 53.056, a claimant other than an original contractor whose contract provides for retainage must give notice under this section for a lien for unpaid retainage to be valid.
(a-1)  The claimant must send the notice of claim for unpaid retainage to the owner or reputed owner and the original contractor not later than the earlier of:
(1)  the 30th day after the date the claimant's contract is completed, terminated, or abandoned; or
(2)  the 30th day after the date the original contract is terminated or abandoned.
(a-2)  The notice must be in substantially the following form:
"NOTICE OF CLAIM FOR UNPAID RETAINAGE
"WARNING: This notice is provided to preserve lien rights.
"Owner's property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt.
"Date:________________
"Project description and/or address: ________________
"Claimant's name: ________________
"Type of labor or materials provided: ________________
"Original contractor's name: ________________
"Party with whom claimant contracted if different from original contractor: ________________
"Total retainage unpaid: ________________
"________________ (Claimant's  contact person)
"________________ (Claimant's address)"
(a-3)  The notice may include an invoice or billing statement.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(b-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(f)  A claimant has a lien on, and the owner is personally liable to the claimant for, the reserved funds under Subchapter E if the claimant:
(1)  gives notice in accordance with this section and:
(A)  complies with Subchapter E; or
(B)  files an affidavit claiming a lien not later than  the date required for filing an affidavit under the applicable provision of Section 53.052; and
(2)  gives the notice of the filed affidavit as required by Section 53.055.
(g)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
Acts 1983, 68th Leg., p. 3541, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 9, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 9, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 889, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 2, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 12, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 13, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.