What do official Texas sources say about mechanic's liens on a home?

Texas Property Code section 53.254 is the official source quoted on a written homestead contract, when it is signed, both spouses' signatures and county filing, with section 53.056 on notice timing, section 53.255 on the residential disclosure statement and section 53.284 on waiver and release forms.

Source: Texas Legislature, Property Code sections 53.056, 53.254, 53.255 and 53.284, read 23 October 2026.

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By InstaBids editorial team with AI research agents. Sources last read: 23 October 2026

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Key facts

Section 53.254(b) says: "The contract must be executed before the material is furnished or the labor is performed."
Source: Texas Property Code section 53.254(b), read 23 October 2026.
Section 53.254(c) says: "If the owner is married, the contract must be signed by both spouses."
Source: Texas Property Code section 53.254(c), read 23 October 2026.
Section 53.254(e) says: "The contract must be filed with the county clerk of the county in which the homestead is located."
Source: Texas Property Code section 53.254(e), read 23 October 2026.

What does Texas quote about a written homestead contract?

The Texas Property Code, section 53.254(a), says: "To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written contract setting forth the terms of the agreement."

Source: Texas Property Code section 53.254(a), read 23 October 2026.

Section 53.254(b) says: "The contract must be executed before the material is furnished or the labor is performed."

Source: Texas Property Code section 53.254(b), read 23 October 2026.

Who signs and records a Texas homestead contract?

Section 53.254(c) says: "If the owner is married, the contract must be signed by both spouses."

Source: Texas Property Code section 53.254(c), read 23 October 2026.

Section 53.254(e) says: "The contract must be filed with the county clerk of the county in which the homestead is located. The county clerk shall record the contract in records kept for that purpose."

Source: Texas Property Code section 53.254(e), read 23 October 2026.

What notice timing appears for unpaid residential work?

The Texas Property Code, section 53.056(a) and (a-1), reads: "Except as provided by Section 53.057, a claimant other than an original contractor must give the notice prescribed by Subsections (a-1) and (a-2) for the lien to be valid. (a-1) For all unpaid labor or materials provided, the claimant must send a notice of claim for unpaid labor or materials to the owner or reputed owner and the original contractor. The notice must be sent: (1) for projects other than residential construction projects, not later than the 15th day of the third month after the month during which: (A) the labor or materials were provided; or (B) the undelivered specially fabricated materials would normally have been delivered; or (2) for residential construction projects, not later than the 15th day of the second month after the month during which: (A) the labor or materials were provided; or (B) the undelivered specially fabricated materials would normally have been delivered."

Source: Texas Property Code section 53.056(a) and (a-1), read 23 October 2026.

What does the Texas residential disclosure section say?

The Texas Property Code, section 53.255(a), says: "Before a residential construction contract is executed by the owner, the original contractor shall deliver to the owner a disclosure statement described by this section."

Source: Texas Property Code section 53.255(a), read 23 October 2026.

Where does Texas address waiver and release forms?

The Texas Property Code, section 53.284(a), says: "A waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form described by Subsections (b)-(e)."

Source: Texas Property Code section 53.284(a), read 23 October 2026.

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Source: InstaBids process and privacy, live-page excerpts, read 23 October 2026.

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