Texas Property Code
§ 53.254 — CONTRACTUAL REQUIREMENTS FOR LIEN ON HOMESTEAD
PR § 53.254Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN · Art. K. RESIDENTIAL CONSTRUCTION PROJECTS
Statute text
View on source(a)To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written contract setting forth the terms of the agreement.
(b)The contract must be executed before the material is furnished or the labor is performed.
(c)If the owner is married, the contract must be signed by both spouses.
(d)If the contract is made by an original contractor, the contract inures to the benefit of all persons who labor or furnish material for the original contractor.
(e)The contract must be filed with the county clerk of the county in which the homestead is located. The county clerk shall record the contract in records kept for that purpose.
(f)An affidavit for lien filed under this subchapter that relates to a homestead must contain the following notice conspicuously printed, stamped, or typed in a size equal to at least 10-point boldface or the computer equivalent, at the top of the page: "NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN."
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Legislative history
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 32, eff. January 1, 2022. Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 33, eff. January 1, 2022.