Texas Property Code

§ 53.282 — CONDITIONS FOR WAIVER, RELEASE, OR IMPAIRMENT OF LIEN OR PAYMENT BOND CLAIM

PR § 53.282Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN · Art. L. WAIVER AND RELEASE OF LIEN OR PAYMENT BOND CLAIM

Statute text

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(a)A statement purporting to waive, release, or otherwise adversely affect a lien or payment bond claim is not enforceable and does not create an estoppel or impairment of a lien or payment bond claim unless:

(1)the statement is in writing and substantially complies with a form prescribed by Section 53.284;

(2)the claimant has actually received payment in good and sufficient funds in full for the lien or payment bond claim; or

(3)the statement is:

(A)in a written original contract or subcontract for the construction, remodel, or repair of a single-family house, townhouse, or duplex or for land development related to a single-family house, townhouse, or duplex; and

(B)made before labor or materials are provided under the original contract or subcontract.

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Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.