Sec. 53.084. OWNER'S LIABILITY. (a) Except for the amount the owner fails to reserve under Subchapter E, the owner is not liable for any amount paid to the original contractor before the owner is authorized to withhold funds under this subchapter.
(b) If the owner has received a notice required by Section 53.056 or 53.057, if the lien has been secured, and if the claim has been reduced to final judgment, the owner is liable and the owner's property is subject to a claim for any money paid to the original contractor after the owner was authorized to withhold funds under this subchapter. The owner is liable for that amount in addition to any amount for which the owner is liable under Subchapter E.
Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 16, eff. January 1, 2022.
Structure Texas Statutes
Title 5 - Exempt Property and Liens
Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien
Subchapter D. Funds Withheld by Owner Following Notice
Section 53.081. Authority to Withhold Funds for Benefit of Claimants
Section 53.082. Time for Which Funds Are Withheld