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Lien waivers by state · Texas

Texas lien waiver requirements

Texas is a statutory-form state

Texas is one of the few states that prescribes mandatory statutory waiver-and-release forms by statute. Under Property Code § 53.281, a lien or payment-bond-claim waiver is unenforceable unless it substantially complies with one of the four forms set out in § 53.284 (conditional/unconditional, progress/final payment) and is signed by the claimant; a conditional release also requires evidence of payment. For original construction contracts entered on or after January 1, 2022 (HB 2237), waivers no longer need to be notarized.

Statute: Tex. Prop. Code §§ 53.281-53.287 (waiver/release subchapter); statutory forms in § 53.284. Lien deadlines: § 53.052; subcontractor notice: § 53.056.

Texas lien waiver forms

The four standard waiver-and-release types and Texas’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Statutory lien waivers (conditional/unconditional, progress/final) do NOT require notarization for original contracts entered on or after January 1, 2022 — HB 2237 removed the "and notarized" requirement from Tex. Prop. Code § 53.284, leaving only a signature (§ 53.281(b)(2)). Texas had been one of only three states requiring notarized waivers; that obligation ended Jan 1, 2022. Note two caveats: (1) for original contracts entered BEFORE Jan 1, 2022, the old law (notarization required) still applies; and (2) this concerns pre-payment waivers/releases exchanged in the payment process — a release of an already-filed/recorded lien filed with the county clerk is a separate document that must still be notarized to be recorded.
Mandatory statutory language: Property Code § 53.284 prescribes four specific waiver/release forms (conditional and unconditional, for progress and final payment). Under § 53.281(b), a waiver is effective only if it "substantially complies" with the applicable prescribed form and is signed by the claimant.
Electronic signatures accepted

Key Texas deadlines

Preliminary / pre-lien notice: Subcontractors (non-residential/commercial): send the § 53.056 notice of unpaid balance to the owner and original contractor no later than the 15th day of the third month after each month in which the labor or materials went unpaid. (Original/general contractors with a direct contract with the owner have no preliminary-notice requirement.)
Notice of intent to lien: No separate statutory "notice of intent to file lien" for non-residential private projects; Texas instead uses the § 53.056 monthly unpaid-balance (fund-trapping) notices described above.
Mechanics lien filing deadline: Non-residential/commercial: file the lien affidavit no later than the 15th day of the fourth calendar month after the month the work was completed, terminated, or abandoned (original contractor) or the month the claimant last provided labor or materials (subcontractor). (Residential projects use the 15th day of the third month.)

Texas lien waiver FAQ

Does Texas require a specific lien waiver form?

Yes. Texas Property Code § 53.284 prescribes four statutory waiver/release forms (conditional/unconditional, progress/final payment), and under § 53.281 a waiver is enforceable only if it substantially complies with the applicable form and is signed by the claimant.

Do lien waivers need to be notarized in Texas?

No. For original contracts entered on or after January 1, 2022, statutory lien waivers no longer need to be notarized — HB 2237 removed the notarization requirement, so only a signature is needed. (Waivers under contracts predating Jan 1, 2022 still had to be notarized, and a release recorded with the county clerk is a separate document that must still be notarized.)

Can lien waivers be signed electronically in Texas?

Yes. Electronic signatures on Texas lien waivers are valid under the Uniform Electronic Transactions Act and the federal E-Sign Act, the same as ink signatures.

What is the deadline to file a mechanics lien in Texas?

On private non-residential (commercial) projects, the lien affidavit must be filed by the 15th day of the fourth month after the month the work was completed, terminated, or abandoned (original contractor) or the month the claimant last furnished labor or materials (subcontractor). Residential projects use the 15th day of the third month.