Tex. Prop. Code § 53.057 · Subchapter C. PROCEDURE FOR PERFECTING LIEN
DERIVATIVE CLAIMANT: NOTICE OF CLAIM FOR UNPAID RETAINAGE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff.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(b-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff.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(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff.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(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff.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(e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff.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.
Notes and commentary — not statutory text
History
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.
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 92b5809fbe56618304e4120f805e4e6de137ea35f1525bed974c63f3e3c1638e
- 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 9 provisions
Provisions in this library whose text cites Tex. Prop. Code § 53.057. Each shows the citation as that text prints it.
Insurance Code
Property Code
- Tex. Prop. Code § 53.056DERIVATIVE CLAIMANT: NOTICE TO OWNER AND ORIGINAL CONTRACTOR.Printed as Section 53.057
- Tex. Prop. Code § 53.081AUTHORITY TO WITHHOLD FUNDS FOR BENEFIT OF CLAIMANTS.Printed as Section 53.056 or 53.057 | Section 53.057
- Tex. Prop. Code § 53.084OWNER'S LIABILITY.Printed as Section 53.056 or 53.057
- Tex. Prop. Code § 53.103LIEN ON RESERVED FUNDS.Printed as Section 53.057(f)
- 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 | Section 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 Section 53.057 | 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.