Texas Codes

Tex. Prop. Code § 28.002 (2026)

Prompt Pay Required

✓ current as of May 2026

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Sec. 28.002. PROMPT PAY REQUIRED. (a) If an owner or a person authorized to act on behalf of the owner receives a written payment request from a contractor for an amount that is allowed to the contractor under the contract for properly performed work or suitably stored or specially fabricated materials, the owner shall pay the amount to the contractor, less any amount withheld as authorized by statute, not later than the 35th day after the date the owner receives the request.

(b) A contractor who receives a payment under Subsection (a) or otherwise from an owner in connection with a contract to improve real property shall pay each of its subcontractors the portion of the owner's payment, including interest, if any, that is attributable to work properly performed or materials suitably stored or specially fabricated as provided under the contract by that subcontractor, to the extent of that subcontractor's interest in the owner's payment. The payment required by this subsection must be made not later than the seventh day after the date the contractor receives the owner's payment.

(c) A subcontractor who receives a payment under Subsection (b) or otherwise from a contractor in connection with a contract to improve real property shall pay each of its subcontractors the portion of the payment, including interest, if any, that is attributable to work properly performed or materials suitably stored or specially fabricated as provided under the contract by that subcontractor, to the extent of that subcontractor's interest in the payment. The payment required by this subsection must be made not later than the seventh day after the date the subcontractor receives the contractor's payment.

Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 805, Sec. 1, eff. Sept. 1, 1999.

Notes of Decisions

Cited in 32 cases (17 in the last 5 years), 1998–2026 · leading case: Walker & Assocs. Surveying, Inc. v. Roberts, 306 S.W.3d 839 (Tex. App. 2010).

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Walker & Assocs. Surveying, Inc. v. Roberts, 306 S.W.3d 839 (Tex. App. 2010). · cites it 3× “That statute allows a contractor to require payment for an amount “that is allowed to the contractor under the contract for properly performed work....” An unpaid invoice bears interest at 1-1/2 percent a month.”

Balfour Beatty Rail, Inc. v. Kansas City S. Ry. Co., 173 F. Supp. 3d 363 (N.D. Tex. 2016). · cites it 2× “Tex. Prop. Code Ann. § 28.002 (a) (West 2000).”

Mirta Zorrilla v. Aypco Constr. II, LLC & Jose Luis Munoz, 469 S.W.3d 143 (Tex. 2015). “See Tex. Prop. Code §§ 28.002(a) (requiring prompt payment for properly performed work, suitably stored materials, and specially fabricated materials), .”

Vast Constr., LLC v. CTC Contractors, LLC, 526 S.W.3d 709 (Tex. App. 2017). “Tex. Prop. Code § 28.002(b), In the event of a good faith dispute about the amount owed for a payment requested by a contractor, section 28.”

Alan Gordon, Lauren Gordon, & IBL Constr. & Design, LLC v. Dennis Leasman D/B/A Leasman Contracting, 365 S.W.3d 109 (Tex. App. 2011). · cites it 2× “Tex. Prop.Code Ann. § 28.002(a). Section 28.”

AMX Enter., L.L.P. v. Master Realty Corp., 283 S.W.3d 506 (Tex. App. 2009). “Tex. Prop.Code Ann. § 28.002(a). *511 Section 28.”

All Seasons Window & Door Mfg., Inc. v. Red Dot Corp., 181 S.W.3d 490 (Tex. App. 2005). “Compare Tex. Prop.Code Ann. § 28.002(a) (Vernon 2000), with Tex.”

Taylor Pipeline Constr., Inc. v. Directional Road Boring, Inc., 438 F. Supp. 2d 696 (E.D. Tex. 2006). “See Tex. Prop. Code Ann. § 28.002 (b) (Vernon 2000).”

Mirta Zorrilla v. Aypco Constr. II, LLC & Jose Luis Munoz, 421 S.W.3d 54 (Tex. App. 2013). · cites it 2× “See Tex. Prop.Code Ann. § 28.002 (West 2000) (providing for 1.”

Courtland Bldg. Co., Inc. v. Jalal Fam. P'ship, Ltd, Sohail Jalal, Individually & Yasmeen Jalal, Individually, 403 S.W.3d 265 (Tex. App. 2012). “Tex. Prop.Code Ann. § 28.002 (West 2000) (emphasis added).”

Nat'l Env't Serv. Co. v. Homeplace Homes, Inc., 961 S.W.2d 632 (Tex. App. 1998). “See Tex. Prop.Code Ann. § 28.002 (Vernon Supp.”

Edifika Investments, LLC D/B/A Military Vill. Apts. v. Chain & Chain Constr., LLC (Tex. App. 2023). · cites it 3× “TEX. PROP. CODE ANN. § 28.002(a). If a property owner fails to pay a contractor’s invoice as required by section 28.”

Show all 32 citing cases →

— Tex. Prop. Code § 28.002(a) — 12 cases

Alan Gordon, Lauren Gordon, & IBL Constr. & Design, LLC v. Dennis Leasman D/B/A Leasman Contracting, 365 S.W.3d 109 (Tex. App. 2011). “Tex. Prop.Code Ann. § 28.002(a). Section 28.”

AMX Enter., L.L.P. v. Master Realty Corp., 283 S.W.3d 506 (Tex. App. 2009). “Tex. Prop.Code Ann. § 28.002(a). *511 Section 28.”

All Seasons Window & Door Mfg., Inc. v. Red Dot Corp., 181 S.W.3d 490 (Tex. App. 2005). “Compare Tex. Prop.Code Ann. § 28.002(a) (Vernon 2000), with Tex.”

Mirta Zorrilla v. Aypco Constr. II, LLC & Jose Luis Munoz, 421 S.W.3d 54 (Tex. App. 2013). “See Tex. Prop.Code Ann. § 28.002 (West 2000) (providing for 1.”

— Tex. Prop. Code § 28.002(b) — 3 cases

Patriot Contracting, LLC & Travelers Cas. & Sur. Co. of Am. v. Shelter Prods., Inc. (Tex. App. 2021).

Assocs. in Emergency Response, LLC v. Proj. & Vendor Mgmt. Advisors, LLC (S.D. Tex. 2024).

— Tex. Prop. Code § 28.002(c) — 3 cases

RCIS Enter., LLC v. Houser Fabrication, LLC (2026).

Mulch Matters, Inc. & Prime Trees, Inc. D/B/A Mulch Matters v. Toro Rojo, D/B/A Action Trucking Co. (Tex. App. 2024).

Assocs. in Emergency Response, LLC v. Proj. & Vendor Mgmt. Advisors, LLC (S.D. Tex. 2024).

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