Tex. Prop. Code § 53.056 · Subchapter C. PROCEDURE FOR PERFECTING LIEN
DERIVATIVE CLAIMANT: NOTICE TO OWNER AND ORIGINAL CONTRACTOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Section 53.057, a claimant other than an original contractor must give the notice prescribed by Subsections (a-1) and (a-2) for the lien to be valid.
(a-1) For all unpaid labor or materials provided, the claimant must send a notice of claim for unpaid labor or materials to the owner or reputed owner and the original contractor. The notice must be sent:
(1) for projects other than residential construction projects, not later than the 15th day of the third month after the month during which:
(A) the labor or materials were provided; or
(B) the undelivered specially fabricated materials would normally have been delivered; or
(2) for residential construction projects, not later than the 15th day of the second month after the month during which:
(A) the labor or materials were provided; or
(B) the undelivered specially fabricated materials would normally have been delivered.
(a-2) The notice must be in substantially the following form:
"NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS
"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: _______________
"Claim amount: _______________
"_______________ (Claimant's contact person)
"_______________ (Claimant's address)"
(a-3) The notice may include an invoice or billing statement.
(a-4) A claimant may give to the original contractor a written notice of an unpaid labor or materials invoice that is past due. A notice under this subsection is not required for a lien to be valid.
(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.
(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.
(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.
(e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.
(f) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.
Notes and commentary — not statutory text
History
Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 8, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 10, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 11, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), 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 d1b32cc9bfda7762bafe819dda609eebb900368c020fc3572c886407fce7640a
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Tex. Prop. Code § 53.056. Each shows the citation as that text prints it.
Insurance Code
Property Code
- Tex. Prop. Code § 53.057DERIVATIVE CLAIMANT: NOTICE OF CLAIM FOR UNPAID RETAINAGE.Printed as Section 53.056
- Tex. Prop. Code § 53.081AUTHORITY TO WITHHOLD FUNDS FOR BENEFIT OF CLAIMANTS.Printed as Section 53.056 | Section 53.056 or 53.057
- Tex. Prop. Code § 53.084OWNER'S LIABILITY.Printed as Section 53.056 or 53.057
- Tex. Prop. Code § 53.106AFFIDAVIT OF COMPLETION.Printed as Section 53.056 or 53.057
- Tex. Prop. Code § 53.107NOTICE RELATING TO TERMINATION OF WORK OR ABANDONMENT OF PERFORMANCE BY ORIGINAL CONTRACTOR OR OWNER.Printed as Section 53.056 or 53.057
- Tex. Prop. Code § 53.160SUMMARY MOTION TO REMOVE INVALID OR UNENFORCEABLE LIEN.Printed as Section 53.056 or 53.057
- Tex. Prop. Code § 53.206PERFECTION OF CLAIM.Printed as Sections 53.056 and 53.057
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.