reglab/statecodes huggingface dataset:
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 I. Bond to Pay Liens or Claims › Section 53.211. Attempted Compliance

Sec. 53.211.  ATTEMPTED COMPLIANCE.  (a)  A bond shall be construed to comply with this subchapter, and the rights and remedies on the bond are enforceable in the same manner as on other bonds under this subchapter, if the bond:
(1)  is furnished and filed in attempted compliance with this subchapter;  or
(2)  evidences by its terms intent to comply with this subchapter.
(b)  Any provision in any payment bond furnished or filed in attempted compliance with this subchapter that expands or restricts the rights or liabilities provided under this chapter shall be disregarded and the provisions of this subchapter shall be read into that bond.
Acts 1983, 68th Leg., p. 3554, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 34, eff. Sept. 1, 1989.
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 J. Lien on Money Due Public Works Contractor › Section 53.231. Lien

Sec. 53.231.  LIEN.  (a)  A person who furnishes material or labor to a contractor under a prime contract with a governmental entity other than a municipality or a joint board created under Subchapter D, Chapter 22, Transportation Code, that does not exceed $25,000 and that is for public improvements in this state and who gives notice required by this subchapter has a lien on the money, bonds, or warrants due the contractor for the improvements.
(b)  A person who furnishes material or labor to a contractor under a prime contract with a municipality or a joint board created under Subchapter D, Chapter 22, Transportation Code, that does not exceed $50,000 and that is for public improvements in this state and who gives notice required by this subchapter has a lien on the money, bonds, or warrants due the contractor for the improvements.
Acts 1983, 68th Leg., p. 3554, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1304 (H.B. 2515), Sec. 2, eff. September 1, 2009.
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 J. Lien on Money Due Public Works Contractor › Section 53.232. To Whom Notice Given; Manner

Sec. 53.232.  TO WHOM NOTICE GIVEN; MANNER. The lien claimant must send written notice of his claim by certified mail to:
(1)  the officials of the state, county, town, or municipality whose duty it is to pay the contractor; and
(2)  the contractor at the contractor's last known business or residence address.
Acts 1983, 68th Leg., p. 3554, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 30, eff. January 1, 2022.
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 J. Lien on Money Due Public Works Contractor › Section 53.233. Contents of Notice

Sec. 53.233.  CONTENTS OF NOTICE.  (a)  Whether based on written or oral agreement, the notice must contain:
(1)  the amount claimed;
(2)  the name of the party to whom the materials were delivered or for whom the labor was performed;
(3)  the dates and place of delivery or performance;
(4)  a description reasonably sufficient to identify the materials delivered or labor performed and the amount due;
(5)  a description reasonably sufficient to identify the project for which the material was delivered or the labor performed;  and
(6)  the claimant's business address.
(b)  The notice must be accompanied by a statement under oath that the amount claimed is just and correct and that all payments, lawful offsets, and credits known to the affiant have been allowed.
Acts 1983, 68th Leg., p. 3554, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 35, eff. Sept. 1, 1989.
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 J. Lien on Money Due Public Works Contractor › Section 53.234. Time for Notice

Sec. 53.234.  TIME FOR NOTICE.  The lien claimant must give notice not later than the 15th day of the second month following the month in which the labor was performed or the material furnished.
Acts 1983, 68th Leg., p. 3555, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 36, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1304 (H.B. 2515), Sec. 3, eff. September 1, 2009.
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 J. Lien on Money Due Public Works Contractor › Section 53.235. Official to Retain Funds

Sec. 53.235.  OFFICIAL TO RETAIN FUNDS.  A public official who receives the notice may not pay all of the money, bonds, or warrants due the contractor, but shall retain enough to pay the claim for which notice is given.
Acts 1983, 68th Leg., p. 3555, ch. 576, Sec. 1, eff. Jan. 1, 1984.
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 J. Lien on Money Due Public Works Contractor › Section 53.236. Bond for Release of Lien

Sec. 53.236.  BOND FOR RELEASE OF LIEN.  (a)  If a claim is filed attempting to fix a lien under this subchapter, the contractor against whom the claim is made may file a bond with the officials of the state, county, town, or municipality whose duty it is to pay the money, bonds, or warrants to the contractor.
(b)  If the bond is approved by the proper official, its filing releases and discharges all liens fixed or attempted to be fixed by the filing of a claim, and the appropriate officials shall pay the money, bonds, or warrants to the contractor or the contractor's assignee.
Acts 1983, 68th Leg., p. 3555, ch. 576, Sec. 1, eff. Jan. 1, 1984.
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 J. Lien on Money Due Public Works Contractor › Section 53.237. Bond Requirements

Sec. 53.237.  BOND REQUIREMENTS.  The bond must be:
(1)  in an amount double the amount of the claims filed;
(2)  payable to the claimants;
(3)  executed by:
(A)  the party filing the bond as principal;  and
(B)  a corporate surety authorized, admitted to do business, and licensed by the law of this state to execute the bond as surety;  and
(4)  conditioned that:
(A)  the principal and surety will pay to the obligees named or to their assignees the amount of the claims or the portions of the claims proved to be liens under this subchapter;  and
(B)  the principal and surety will pay all court costs adjudged against the principal in actions brought by a claimant on the bond.
Acts 1983, 68th Leg., p. 3555, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 37, eff. Sept. 1, 1989.
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 J. Lien on Money Due Public Works Contractor › Section 53.238. Notice of Bond

Sec. 53.238.  NOTICE OF BOND.  The official with whom the bond is filed shall send an exact copy of the bond by certified mail, return receipt requested, to all claimants.
Acts 1983, 68th Leg., p. 3556, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 31, eff. January 1, 2022.
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 J. Lien on Money Due Public Works Contractor › Section 53.239. Action on Bond

Sec. 53.239.  ACTION ON BOND.  (a)  A claimant must sue on the bond within six months after the bond is filed.
(b)  The bond is not exhausted by one action on it.  Each obligee or his assignee may maintain a separate suit on the bond in any court of jurisdiction.
Acts 1983, 68th Leg., p. 3556, ch. 576, Sec. 1, eff. Jan. 1, 1984.
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 K. Residential Construction Projects › Section 53.251. Procedures for Residential Construction Projects

Sec. 53.251.  PROCEDURES FOR RESIDENTIAL CONSTRUCTION PROJECTS.  (a)  This subchapter applies only to residential construction projects.
(b)  A person must comply with this subchapter in addition to the other applicable provisions of this chapter to perfect a lien that arises from a claim resulting from a residential construction project.
Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.
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 K. Residential Construction Projects › Section 53.254. Contractual Requirements for Lien on Homestead

Sec. 53.254.  CONTRACTUAL REQUIREMENTS FOR LIEN ON HOMESTEAD.  (a)  To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written contract setting forth the terms of the agreement.
(b)  The contract must be executed before the material is furnished or the labor is performed.
(c)  If the owner is married, the contract must be signed by both spouses.
(d)  If the contract is made by an original contractor, the contract inures to the benefit of all persons who labor or furnish material for the original contractor.
(e)  The contract must be filed with the county clerk of the county in which the homestead is located.  The county clerk shall record the contract in records kept for that purpose.
(f)  An affidavit for lien filed under this subchapter that relates to a homestead must contain the following notice conspicuously printed, stamped, or typed in a size equal to at least 10-point boldface or the computer equivalent, at the top of the page:
"NOTICE:  THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN."
(g)  For the lien on a homestead to be valid, the notice required to be given to the owner under Subchapter C must include or have attached the following statement:
"If a subcontractor or supplier who furnishes materials or performs labor for construction of improvements on your property is not paid, your property may be subject to a lien for the unpaid amount if:
(1)  after receiving notice of the unpaid claim from the claimant, you fail to withhold payment to your contractor that is sufficient to cover the unpaid claim until the dispute is resolved; or
(2)  during construction and for 30 days after completion of your contractor's work, you fail to reserve 10 percent of the contract price or 10 percent of the value of the work performed by your contractor.
"If you have complied with the law regarding the reservation of 10 percent of the contract price or value of work and you have withheld payment to the contractor sufficient to cover any written notice of claim and have paid that amount, if any, to the claimant, any lien claim filed on your property by a subcontractor or supplier, other than a person who contracted directly with you, will not be a valid lien on your property.  In addition, except for the required 10 percent reservation, you are not liable to a subcontractor or supplier for any amount paid to your contractor before you received written notice of the claim."
Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 32, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 33, eff. January 1, 2022.
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 K. Residential Construction Projects › Section 53.256. List of Subcontractors and Suppliers

Sec. 53.256.  LIST OF SUBCONTRACTORS AND SUPPLIERS.  (a)  Except as provided by Subsection (d), for the construction of improvements under a residential construction contract, the original contractor shall:
(1)  furnish to the owner before the commencement of construction a written list that identifies by name, address, and telephone number each subcontractor and supplier the contractor intends to use in the work to be performed;  and
(2)  provide the owner with an updated list of subcontractors and suppliers not later than the 15th day after the date a subcontractor or supplier is added or deleted.
(b)  The list must contain the following notice conspicuously printed, stamped, or typed in a size equal to at least 10-point boldface or the computer equivalent:
"NOTICE:  THIS LIST OF SUBCONTRACTORS AND SUPPLIERS MAY NOT BE A FINAL LISTING. UNLESS YOU SIGN A WAIVER OF YOUR RIGHT TO RECEIVE UPDATED INFORMATION, THE CONTRACTOR IS REQUIRED BY LAW TO SUPPLY UPDATED INFORMATION, AS THE INFORMATION BECOMES AVAILABLE, FOR EACH SUBCONTRACTOR OR SUPPLIER USED IN THE WORK PERFORMED ON YOUR RESIDENCE."
(c)  The failure of a contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust.
(d)  An owner may waive the right to receive the list of subcontractors and suppliers or any updated information required by this section only as provided by this subsection.  The waiver must be in writing and may be included in the residential construction contract.  If the waiver is not included as a provision of the residential construction contract, the separate waiver statement must be signed by the owner.  The waiver must be conspicuously printed in at least 10-point bold-faced type and read substantially similar to the following:
"WAIVER OF THE LIST OF SUBCONTRACTORS AND SUPPLIERS. AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256, PROPERTY CODE, TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.
"BY SIGNING THIS DOCUMENT, I AGREE TO WAIVE MY RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.
"I UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE.
"I HAVE VOLUNTARILY CONSENTED TO THIS WAIVER."
Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 889, Sec. 9, eff. Sept. 1, 1999.
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 K. Residential Construction Projects › Section 53.257. Provisions Related to Closing of Loan for Construction of Improvements

Sec. 53.257.  PROVISIONS RELATED TO CLOSING OF LOAN FOR CONSTRUCTION OF IMPROVEMENTS.  (a)  If the owner is obtaining third-party financing for the construction of improvements under a residential construction contract, the lender shall deliver to the owner all documentation relating to the closing of the loan not later than one business day before the date of the closing.  If a bona fide emergency or another good cause exists and the lender obtains the written consent of the owner, the lender may provide the documentation to the owner or the lender may modify previously provided documentation on the date of closing.
(b)  The lender shall provide to the owner the disclosure statement described by Section 53.255(b).  The disclosure statement must be provided to the owner before the date of closing.  If a bona fide emergency or another good cause exists and the lender obtains the written consent of the owner, the lender may provide the disclosure statement at the closing.  The lender shall retain a signed and dated copy of the disclosure statement with the closing documents.
(c)  The failure of a lender to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust.
Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 54.045. Sale of Property

Sec. 54.045.  SALE OF PROPERTY.  (a)  Property seized under Section 54.044 may not be sold or otherwise disposed of unless the sale or disposition is authorized in a written lease.
(b)  Before selling seized property, the landlord or the landlord's agent must give notice to the tenant not later than the 30th day before the date of the sale.  The notice must be sent to the tenant by both first class mail and certified mail, return receipt requested, at the tenant's last known address.  The notice must contain:
(1)  the date, time, and place of the sale;
(2)  an itemized account of the amount owed by the tenant to the landlord;  and
(3)  the name, address, and telephone number of the person the tenant may contact regarding the sale, the amount owed, and the right of the tenant to redeem the property under Subsection (e) of this section.
(c)  A sale under this section is subject to a recorded chattel mortgage or financing statement.  The property shall be sold to the highest cash bidder.  Proceeds from the sale shall be applied first to delinquent rents and, if authorized by the written lease, reasonable packing, moving, storage, and sale costs.
(d)  Any sale proceeds remaining after payment of the amounts authorized in Subsection (c) of this section shall be mailed to the tenant at the tenant's last known address not later than the 30th day after the date of the sale.  The landlord shall provide the tenant with an accounting of all proceeds of the sale not later than the 30th day after the date on which the tenant makes a written request for the accounting.
(e)  The tenant may redeem the property at any time before the property is sold by paying to the landlord or the landlord's agent all delinquent rents and, if authorized in the written lease, all reasonable packing, moving, storage, and sale costs.
Added by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.
2023 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 54.046. Violation by Landlord

Sec. 54.046.  VIOLATION BY LANDLORD.  If a landlord or the landlord's agent wilfully violates this subchapter, the tenant is entitled to:
(1)  actual damages, return of any property seized that has not been sold, return of the proceeds of any sale of seized property, and the sum of one month's rent and $1,000, less any amount for which the tenant is liable; and
(2)  reasonable attorney's fees.
Acts 1983, 68th Leg., p. 356, ch. 5761, Sec. 1, eff. Jan. 1, 1984.  Renumbered and amended by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 2, eff. January 1, 2016.
2023 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 54.047. Other Rights Not Affected

Sec. 54.047.  OTHER RIGHTS NOT AFFECTED.  This subchapter does not affect or diminish any other rights or obligations arising under common law or any statute.
Added by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.
2023 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 54.048. Tenant May Replevy

Sec. 54.048.  TENANT MAY REPLEVY.  At any time before judgment in a suit for unpaid rent, the tenant may replevy any of the property that has been seized, if the property has not been claimed or sold, by posting a bond in an amount approved by the court, payable to the landlord, and conditioned that if the landlord prevails in the suit, the amount of the judgment rendered and any costs assessed against the tenant shall be first satisfied, to the extent possible, out of the bond.
Added by Acts 1987, 70th Leg., ch. 266, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 54 - Landlord's Liens › Subchapter Z. Miscellaneous Provisions › Section 54.901. Disposal of Certain Motor Vehicles Subject to Lien

Sec. 54.901.  DISPOSAL OF CERTAIN MOTOR VEHICLES SUBJECT TO LIEN.  (a)  Notwithstanding any other law, a person authorized to dispose of property for which a lien under this chapter is attached may dispose of the property in accordance with Subchapter D, Chapter 683, Transportation Code, if:
(1)  the property is a motor vehicle; and
(2)  the person determines that:
(A)  the vehicle's only residual value is as a source of parts or scrap metal; or
(B)  it is not economical to dispose of the vehicle at a public sale.
(b)  If a person disposes of the property under Subsection (a), the person shall apply the fair market value of the motor vehicle to the charges due to the person.
Added by Acts 2017, 85th Leg., R.S., Ch. 1061 (H.B. 3131), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 55 - Hospital and Emergency Medical Services Liens › Section 55.001. Definitions

Sec. 55.001.  DEFINITIONS.  In this chapter:
(1)  "Emergency medical services" has the meaning assigned by Section 773.003, Health and Safety Code.
(2)  "Emergency medical services provider" has the meaning assigned by Section 773.003, Health and Safety Code.
(3)  "Hospital" means a person or institution maintaining a facility that provides hospital services in this state.
(4)  "Person" does not include a county, common, or independent school district.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 55 - Hospital and Emergency Medical Services Liens › Section 55.0015. Admission to Hospital

Sec. 55.0015.  ADMISSION TO HOSPITAL.  For purposes of this chapter, an injured individual is considered admitted to a hospital if the individual is allowed access to any department of the hospital for the provision of any treatment, care, or service to the individual.
Added by Acts 2019, 86th Leg., R.S., Ch. 862 (H.B. 2929), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 55 - Hospital and Emergency Medical Services Liens › Section 55.002. Lien

Sec. 55.002.  LIEN.  (a)  A hospital has a lien on a cause of action or claim of an individual who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person.  For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.
(b)  The lien extends to both the admitting hospital and a hospital to which the individual is transferred for treatment of the same injury.
(c)  An emergency medical services provider has a lien on a cause of action or claim of an individual who receives emergency medical services in a county with a population of 800,000 or less for injuries caused by an accident that is attributed to the negligence of another person.  For the lien to attach, the individual must receive the emergency medical services not later than 72 hours after the accident.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 576 (H.B. 3337), Sec. 1, eff. September 1, 2011.