Sec. 53.281. WAIVER AND RELEASE OF LIEN OR PAYMENT BOND CLAIM. (a) Any waiver and release of a lien or payment bond claim under this chapter is unenforceable unless a waiver and release is executed and delivered in accordance with this subchapter.
(b) A waiver and release is effective to release the owner, the owner's property, the contractor, and the surety on a payment bond from claims and liens only if:
(1) the waiver and release substantially complies with one of the forms prescribed by Section 53.284;
(2) the waiver and release is signed by the claimant or the claimant's authorized agent; and
(3) in the case of a conditional release, evidence of payment to the claimant exists.
Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 35, eff. January 1, 2022.
Structure Texas Statutes
Title 5 - Exempt Property and Liens
Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien
Subchapter L. Waiver and Release of Lien or Payment Bond Claim
Section 53.281. Waiver and Release of Lien or Payment Bond Claim
Section 53.282. Conditions for Waiver, Release, or Impairment of Lien or Payment Bond Claim
Section 53.283. Unconditional Waiver and Release: Payment Required
Section 53.284. Forms for Waiver and Release of Lien or Payment Bond Claim