Texas Codes

Tex. Prop. Code § 28.001 (2026)

Definitions

✓ current as of May 2026

Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 28.001. DEFINITIONS. In this chapter:

(1) "Contractor" means a person who contracts with an owner to improve real property or perform construction services for an owner.

(2) "Improve" means to:

(A) build, construct, effect, erect, alter, repair, or demolish any improvement on, connected with, or beneath the surface of real property;

(B) excavate, clear, grade, fill, or landscape real property;

(D) furnish any material, including trees or shrubbery, for the purpose of taking any action described by Paragraphs (A)-(C) of this subdivision; or

(E) perform any labor on or in connection with an improvement.

(3) "Improvement" includes all or any part of:

(A) a building, structure, erection, alteration, demolition, or excavation on, connected with, or beneath the surface of real property; and

(B) the act of clearing, grading, filling, or landscaping real property, including constructing a driveway or roadway or furnishing trees or shrubbery.

(4) "Owner" means a person or entity, other than a governmental entity, with an interest in real property that is improved, for whom an improvement is made, and who ordered the improvement to be made.

(5) "Real property" includes lands, leaseholds, tenements, hereditaments, and improvements placed on the real property.

(6) "Subcontractor" means a person who contracts to furnish labor or material to, or has performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property.

Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 1993–2024 · leading case: Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).

Sort: Relevance Newest Treatment

Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009). · cites it 2× “022(d) ("`[C]ontractor' means a newspaper or statewide association with which the secretary of state contracts under this section.”

Cnty. of Galveston v. Triple B Servs., LLP, 498 S.W.3d 176 (Tex. App. 2016). “See Tex. Prop. Code Ann. § 28.001 -.010 (West 2014).”

RAJ Partners, Ltd. v. Darco Constr. Corp., 217 S.W.3d 638 (Tex. App. 2006). “8 Tex. PROp.Code Ann. § 28.001, et seq. (Vernon 2000).”

Choy v. Graziano Roofing of Texas, Inc., 322 S.W.3d 276 (Tex. App. 2009). · cites it 2× “See Tex. Prop.Code Ann § 28.001 (Vernon 2000).”

Marriage of Brown, Matter Of, 870 S.W.2d 600 (Tex. App. 1993). “Tex.Prop.Code Ann. § 28.001 (Vernon 1984).”

MMR Constructors, Inc. v. the Dow Chem. Co. (Tex. App. 2020). · cites it 2× “1 TEX. PROP. CODE §§ 28.001–.010. 9 As a basis for its recovery, MMR pointed to Article 10.”

Patriot Contracting, LLC & Travelers Cas. & Sur. Co. of Am. v. Shelter Prods., Inc. (Tex. App. 2021). · cites it 2× “00, attorney’s fees under Texas Property Code sections 28.001 and 162.”

Andrew Choy v. Graziano Roofing of Texas, Inc. (Tex. App. 2009). · cites it 2× “See Tex. Prop. Code Ann. § 28.001 (Vernon 2000).”

Lozoya Constr., Inc. v. H&E Equip. Servs., Inc. (Tex. App. 2020). “34 based on a sworn account, breach of contract, quantum meruit, and the Texas Prompt Pay Act, TEX. PROP. CODE ANN. §§ 28.001–.010 (West 2014).”

BDTP, LLC, Shawn Nyahay & Wesley T. Fortune v. United Structures of Am., Inc. Precision Bldg. Sys., Inc., Erwin Weeks Crawford, IV & Ashley Crawford (Tex. App. 2022). “Fortune testified that, with respect to the purchase of the building, he had acted as BDTP’s 2 See TEX. PROP. CODE §§ 28.001–.010. 6 attorney and had communicated with Precision and USA only in his capacity as BDTP’s counsel.”

Assocs. in Emergency Response, LLC v. Proj. & Vendor Mgmt. Advisors, LLC (S.D. Tex. 2024). “” Tex. Prop. Code § 28.001(1). According ? Similarly, “a subcontractor who receives a payment.”

Com. Flooring Sys., Inc. v. Hunt Constr. Grp., Inc. (W.D. Tex. 2020). “On September 11, 2019, CFS filed this action in the 126th Judicial District Court in Travis County, Texas, asserting claims for breach of contract, quantum meruit, violation of the Prompt Payment Act (TEX. PROP. CODE §28.001 et seq.), suit on a sworn account, and violation of…”

— Tex. Prop. Code § 28.001(1) — 2 cases

Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009). “022(d) ("`[C]ontractor' means a newspaper or statewide association with which the secretary of state contracts under this section.”

Assocs. in Emergency Response, LLC v. Proj. & Vendor Mgmt. Advisors, LLC (S.D. Tex. 2024). “” Tex. Prop. Code § 28.001(1). According ? Similarly, “a subcontractor who receives a payment.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.