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2025 Texas Statutes
Property Code
Title 5 - Exempt Property and Liens
Subtitle B - Liens
Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien
Subchapter E. Funds Reserved for Benefit of Lien Claimants
Section 53.105. Owner's Liability for Failure to Reserve Funds

Universal Citation:
TX Prop § 53.105 (2025)
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Sec. 53.105. OWNER'S LIABILITY FOR FAILURE TO RESERVE FUNDS. (a) If the owner fails or refuses to comply with this subchapter, the claimants complying with Subchapter C or this subchapter have a lien, at least to the extent of the amount that should have been reserved from the original contract under which they are claiming, against the improvements and all of its properties and against the lot or lots of land necessarily connected.

(b) The claimants share the lien proportionately in accordance with the preference provided by Section 53.104.

Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 13.02, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1138, Sec. 17, eff. Sept. 1, 1989.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 4, eff. September 1, 2011.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.

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