Sec. 53.208. ACTION ON BOND. (a) A claimant may sue the principal and surety on the bond either jointly or severally, if the claim remains unpaid for 60 days after the claimant perfects the claim.
(b) The claimant may sue for the amount of the claim and court costs.
(c) The suit must be brought in the county in which the property being improved is located.
(d) If the bond is recorded at the time the lien is filed, the claimant must sue on the bond within one year following perfection of his claim. If the bond is not recorded at the time the lien is filed, the claimant must sue on the bond within two years following perfection of his claim.
Acts 1983, 68th Leg., p. 3553, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 33, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 29, eff. January 1, 2022.
Structure Texas Statutes
Title 5 - Exempt Property and Liens
Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien
Subchapter I. Bond to Pay Liens or Claims
Section 53.202. Bond Requirements
Section 53.203. Recording of Bond and Contract
Section 53.204. Reliance on Record
Section 53.205. Enforceable Claims
Section 53.206. Perfection of Claim
Section 53.207. Owner's Notice of Claim to Surety
Section 53.208. Action on Bond