Tex. Prop. Code Section 53.085
Affidavit Required


(a)

Any person who furnishes labor or materials for the construction of improvements on real property shall, if requested and as a condition of payment for such labor or materials, provide to the requesting party, or the party’s agent, an affidavit stating that the person has paid each of the person’s subcontractors, laborers, or materialmen in full for all labor and materials provided to the person for the construction. In the event, however, that the person has not paid each of the person’s subcontractors, laborers, or materialmen in full, the person shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each subcontractor, laborer, or materialman to whom the payment is owed.

(b)

The seller of any real property shall, upon request by the purchaser or the purchaser’s agent prior to closing of the purchase of the real property, provide to the purchaser or the purchaser’s agent, a written affidavit stating that the seller has paid each of the seller’s contractors, laborers, or materialmen in full for all labor and materials provided to the seller through the date specified in the affidavit for any construction of improvements on the real property and that the seller is not indebted to any person, firm, or corporation by reason of any such construction through the date specified in the affidavit. In the event that the seller has not paid each of the seller’s contractors, laborers, or materialmen in full for labor and material provided through the date specified in the affidavit, the seller shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each contractor, laborer, or materialman to whom the payment is owed.

(c)

The affidavit may include:

(1)

a waiver or release of lien rights or payment bond claims by the affiant that is conditioned on the receipt of actual payment or collection of funds when payment is made by check or draft, as provided by Subchapter L;

(2)

a warranty or representation that certain bills or classes of bills will be paid by the affiant from funds paid in reliance on the affidavit; and

(3)

an indemnification by the affiant for any loss or expense resulting from false or incorrect information in the affidavit.

(d)

A person, including a seller, commits an offense if the person intentionally, knowingly, or recklessly makes a false or misleading statement in an affidavit under this section. An offense under this section is a misdemeanor. A person adjudged guilty of an offense under this section shall be punished by a fine not to exceed $4,000 or confinement in jail for a term not to exceed one year or both a fine and confinement. A person may not receive community supervision for the offense.

(e)

A person signing an affidavit under this section is personally liable for any loss or damage resulting from any false or incorrect information in the affidavit.
Added by Acts 1987, 70th Leg., ch. 578, Sec. 1, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 14, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 13, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 2, eff. January 1, 2012.

Source: Section 53.085 — Affidavit Required, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­53.­htm#53.­085 (accessed Mar. 23, 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

Accessed:
Mar. 23, 2024

§ 53.085’s source at texas​.gov