Tex.
Prop. Code Section 53.206
Perfection of Claim
(a)
Except as provided by Subsection (b), to perfect a claim against a bond in a manner other than that prescribed by Subchapter C for fixing a lien, a person must give notice under Sections 53.056 (Derivative Claimant: Notice to Owner and Original Contractor) and 53.057 (Derivative Claimant: Notice of Claim for Unpaid Retainage), as applicable, to the original contractor and surety on the bond.(b)
To perfect a claim for retainage under this section, a claimant is not required to give notice to the surety under Section 53.057 (Derivative Claimant: Notice of Claim for Unpaid Retainage) if the claimant has a direct contractual relationship with the original contractor.(c)
A claimant that provides the notices described by this section is not required to file an affidavit claiming a mechanic’s lien to perfect a claim under the bond.(d)
A person satisfies the requirements of this section relating to providing notice to the surety if the person mails the notice by certified mail to the surety:(1)
at the address stated on the bond or on an attachment to the bond;(2)
at the address on file with the Texas Department of Insurance; or(3)
at any other address allowed by law.
Source:
Section 53.206 — Perfection of Claim, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.206
(accessed Jun. 5, 2024).