Tex. Prop. Code Section 53.001
Definitions

In this chapter:

(1)

“Contract price” means the cost to the owner for any part of construction or repair performed under an original contract.

(2)

“Improvement” includes:

(A)

a house, building, structure, parking structure, physical appurtenance, pool, utility, railroad, well, storage facility, abutting sidewalks and streets, utilities in or on those sidewalks and streets, land reclaimed from overflow, and other fixtures or modifications to real property;

(B)

clearing, grubbing, draining, or fencing of land;

(C)

machinery or apparatuses used for raising water or for supplying or storing water for stock, domestic use, or irrigation;

(D)

work described by Section 53.021 (Persons Entitled to Lien)(4); and

(E)

a design, drawing, plan, plat, survey, or specification provided by a licensed architect, engineer, or surveyor.

(3)

“Labor” means:

(A)

labor used in the direct performance of the work; or

(B)

a professional service used in the direct preparation for the work of a design, drawing, plan, plat, survey, or specification.

(4)

“Material” means all or part of:

(A)

the material, machinery, fixtures, or tools:
(i)
incorporated into the work;
(ii)
used in the direct performance of the work;
(iii)
specially fabricated for an improvement; or
(iv)
ordered and delivered for incorporation or use;

(B)

rent at a reasonable rate and actual running repairs at a reasonable cost for construction equipment used or reasonably required and delivered for use in the direct performance of the work at the site of the construction or repair; or

(C)

power, water, fuel, and lubricants consumed or ordered and delivered for consumption in the direct performance of the work.

(5)

“Mechanic’s lien” means the lien provided by this chapter.

(6)

“Original contract” means an agreement to which an owner is a party either directly or by implication of law.

(7)

“Original contractor” means a person contracting with an owner either directly or through the owner’s agent.

(7-a)

“Purported original contractor” means an original contractor who can effectively control the owner or is effectively controlled by the owner through common ownership of voting stock or ownership interests, interlocking directorships, common management, or otherwise, or who was engaged by the owner for the construction or repair of improvements without a good faith intention of the parties that the purported original contractor was to perform under the contract. For purposes of this subdivision, the term “owner” does not include a person who has or claims a security interest only.

(8)

“Residence” means the real property and improvements for a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used for residential purposes in which title to the individual units is transferred to the owners under a condominium or cooperative system that is:

(A)

owned by one or more adult persons; and

(B)

used or intended to be used as a dwelling by one of the owners.

(9)

“Residential construction contract” means a contract between an owner and a contractor in which the contractor agrees to construct or repair the owner’s residence, including improvements appurtenant to the residence.

(10)

“Residential construction project” means a project for the construction or repair of a new or existing residence, including improvements appurtenant to the residence, as provided by a residential construction contract.

(11)

“Retainage” means an amount representing part of a contract payment that is not required to be paid to the claimant within the month following the month in which labor is performed, material is furnished, or specially fabricated material is delivered.

(12)

“Specially fabricated material” means material fabricated for use as a component of the construction or repair so as to be reasonably unsuitable for use elsewhere.

(13)

“Subcontractor” means a person who labors or has furnished labor or materials to fulfill an obligation to an original contractor or to a subcontractor of any tier to perform all or part of the work required by an original contract.

(14)

“Work” means any part of construction or repair of an improvement performed under an original contract.

(15)

“Completion” of an original contract means the actual completion of the work, including any extras or change orders reasonably required or contemplated under the original contract, other than warranty work or replacement or repair of the work performed under the contract.
Acts 1983, 68th Leg., p. 3533, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 2, eff. January 1, 2022.

Source: Section 53.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­53.­htm#53.­001 (accessed Apr. 20, 2024).

53.001
Definitions 53.002
More than One Original Contractor 53.003
Notices 53.021
Persons Entitled to Lien 53.022
Property to Which Lien Extends 53.023
Payment Secured by Lien 53.024
Limitation on Subcontractor’s Lien 53.025
Limitation on Ordinary Retainage Lien 53.026
Sham Contract 53.051
Necessary Procedures 53.052
Filing of Affidavit 53.054
Contents of Affidavit 53.055
Notice of Filed Affidavit 53.056
Derivative Claimant: Notice to Owner and Original Contractor 53.057
Derivative Claimant: Notice of Claim for Unpaid Retainage 53.081
Authority to Withhold Funds for Benefit of Claimants 53.082
Time for Which Funds Are Withheld 53.084
Owner’s Liability 53.085
Affidavit Required 53.101
Funds Required to Be Reserved 53.102
Payment Secured by Reserved Funds 53.103
Lien on Reserved Funds 53.104
Preferences 53.105
Owner’s Liability for Failure to Reserve Funds 53.106
Affidavit of Completion 53.107
Notice Relating to Termination of Work or Abandonment of Performance by Original Contractor or Owner 53.121
Preference over Other Creditors 53.122
Equality of Mechanic’s Liens 53.123
Priority of Mechanic’s Lien over Other Liens 53.124
Inception of Mechanic’s Lien 53.151
Enforcement of Remedies Against Money Due Original Contractor or Subcontractor 53.152
Release of Claim or Lien 53.153
Defense of Actions 53.154
Foreclosure 53.155
Transfer of Property Sold 53.156
Costs and Attorney’s Fees 53.157
Discharge of Lien 53.158
Period for Bringing Suit to Foreclose Lien 53.159
Obligation to Furnish Information 53.160
Summary Motion to Remove Invalid or Unenforceable Lien 53.161
Bond Requirements After Order to Remove 53.162
Revival of Removed Lien 53.171
Bond 53.172
Bond Requirements 53.173
Notice of Bond 53.174
Recording of Bond and Notice 53.175
Action on Bond 53.201
Bond 53.202
Bond Requirements 53.203
Recording of Bond and Contract 53.204
Reliance on Record 53.205
Enforceable Claims 53.206
Perfection of Claim 53.207
Owner’s Notice of Claim to Surety 53.208
Action on Bond 53.210
Claims in Excess of Bond Amount 53.211
Attempted Compliance 53.231
Lien 53.232
To Whom Notice Given 53.233
Contents of Notice 53.234
Time for Notice 53.235
Official to Retain Funds 53.236
Bond for Release of Lien 53.237
Bond Requirements 53.238
Notice of Bond 53.239
Action on Bond 53.251
Procedures for Residential Construction Projects 53.254
Contractual Requirements for Lien on Homestead 53.255
Disclosure Statement Required for Residential Construction Contract 53.256
List of Subcontractors and Suppliers 53.257
Provisions Related to Closing of Loan for Construction of Improvements 53.258
Disbursements of Funds 53.259
Final Bills-paid Affidavit Required 53.260
Conveyance to Contractor Not Required 53.281
Waiver and Release of Lien or Payment Bond Claim 53.282
Conditions for Waiver, Release, or Impairment of Lien or Payment Bond Claim 53.283
Unconditional Waiver and Release: Payment Required 53.284
Forms for Waiver and Release of Lien or Payment Bond Claim 53.286
Public Policy 53.287
Certain Agreements Exempt
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 53.001’s source at texas​.gov