Tex. Prop. Code § 53.052 · Subchapter C. PROCEDURE FOR PERFECTING LIEN
FILING OF AFFIDAVIT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm
- Text hash
- sha256 890ea52f039d51d236f1277726e026eb529df258f0e2e3443d86cd895a05a50b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 7 provisions
Provisions in this library whose text cites Tex. Prop. Code § 53.052. Each shows the citation as that text prints it.
Property Code
- Tex. Prop. Code § 53.057DERIVATIVE CLAIMANT: NOTICE OF CLAIM FOR UNPAID RETAINAGE.Printed as Section 53.052
- Tex. Prop. Code § 53.081AUTHORITY TO WITHHOLD FUNDS FOR BENEFIT OF CLAIMANTS.Printed as Sections 53.052 through 53.055
- Tex. Prop. Code § 53.107NOTICE RELATING TO TERMINATION OF WORK OR ABANDONMENT OF PERFORMANCE BY ORIGINAL CONTRACTOR OR OWNER.Printed as Section 53.052
- Tex. Prop. Code § 53.124INCEPTION OF MECHANIC'S LIEN.Printed as Section 53.052
- Tex. Prop. Code § 53.157DISCHARGE OF LIEN.Printed as Section 53.052
- Tex. Prop. Code § 53.158PERIOD FOR BRINGING SUIT TO FORECLOSE LIEN.Printed as Section 53.052
- Tex. Prop. Code § 53.160SUMMARY MOTION TO REMOVE INVALID OR UNENFORCEABLE LIEN.Printed as Section 53.052
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.