Tex. Prop. Code § 53.081 · Subchapter D. FUNDS WITHHELD BY OWNER FOLLOWING NOTICE
AUTHORITY TO WITHHOLD FUNDS FOR BENEFIT OF CLAIMANTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If an owner receives notice under Section 53.056 or 53.057, the owner may withhold from payments to the original contractor an amount necessary to pay the claim for which he receives notice. The withholding may be in addition to any reserved funds.
(b) If notice is sent under Section 53.056, the owner may withhold the funds immediately on receipt of the notice.
(c) If notice is sent under Section 53.057, the owner may withhold funds immediately on receipt of a copy of the claimant's affidavit prepared in accordance with Sections 53.052 through 53.055.
(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(7), eff. January 1, 2022.
Notes and commentary — not statutory text
History
Acts 1983, 68th Leg., p. 3543, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 12, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 14, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(7), 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 121df11c862ef0f7447ad39a2cb55b1e910ebe8a9ecd763aeb4099023909cf86
- 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.
Property Code
- Tex. Prop. Code § 53.052FILING OF AFFIDAVIT.Printed as Sections 53.052 through 53.055
- Tex. Prop. Code § 53.055NOTICE OF FILED AFFIDAVIT.Printed as Sections 53.052 through 53.055
- Tex. Prop. Code § 53.056DERIVATIVE CLAIMANT: NOTICE TO OWNER AND ORIGINAL CONTRACTOR.Printed as Section 53.056 | Section 53.056 or 53.057
- Tex. Prop. Code § 53.057DERIVATIVE CLAIMANT: NOTICE OF CLAIM FOR UNPAID RETAINAGE.Printed as Section 53.056 or 53.057 | Section 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.