Tex. Codes » Property Code · TITLE 5. EXEMPT PROPERTY AND LIENS · SUBTITLE B. LIENS · CHAPTER 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN
Texas Codes

Tex. Prop. Code § 53.102 (2026)

Payment Secured By Reserved Funds

✓ current as of May 2026
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Sec. 53.102. PAYMENT SECURED BY RESERVED FUNDS. The reserved funds secure the payment of artisans and mechanics who perform labor or service and the payment of other persons who furnish material, material and labor, or specially fabricated material for any contractor, subcontractor, agent, or receiver in the performance of the work.

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.

Notes of Decisions
Cited in 9 cases, 1997–2014 · leading case: Stolz v. Honeycutt, 42 S.W.3d 305 (Tex. App. 2001).
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Stolz v. Honeycutt, 42 S.W.3d 305 (Tex. App. 2001). “, Tex.Prop. Code Ann. § 53.102. For purposes of clarity and simplicity, we will discuss the statutes as they pertain to the owner-contractor-subcontractor relationship.”
Aiken v. State, 36 S.W.3d 131 (Tex. App. 2000). “2d 232, 234 (Tex.App. — Houston [1st Dist.] 1997, no writ).”
Hadnot v. Wenco Distributors, 961 S.W.2d 232 (Tex. App. 1997). “Tex. Prop.Code Ann. § 53.102 (Vernon 1995).”
Rough Creek Lodge Operating, L.P. v. Double K Homes, Inc., 278 S.W.3d 501 (Tex. App. 2009). “See Tex. Prop.Code Ann. § 53.102 (Vernon 2007).”
Bond v. Kagan-Edelman Enter., 985 S.W.2d 253 (Tex. App. 1999). “Tex. Prop. Code § 53.102. A claimant has a lien on the retained funds if timely and proper notices are sent and the claimant files an affidavit claiming a lien not later than the 30th day after the work is completed.”
Monaco v. Monaco (In re Monaco), 514 B.R. 477 (Bankr. W.D. Tex. 2014). “2010) (citing Tex. Prop.Code Ann. § 53.102). Since BBM did not complete the Project it was not entitled to the retained funds, which were preserved for the benefit of the unpaid subcontractors.”
Rough Creek Lodge Operating, L.P. D/B/A Rough Creek Lodge, & Rough Creek Investors GP, LLC v. Double K Homes, Inc. (Tex. App. 2009). “Cathey’s testimony is factually and legally sufficient to establish that Double K performed its work timely and in a good 2 See TEX. PROP. CODE ANN. § 53.102 (Vernon 2007).”
Douglas Harris Aiken v. State (Tex. App. 2000). “Tex. Prop. Code Ann. § 53.101 (West 1995); Hadnot v.”
Douglas Harris Aiken v. State (Tex. App. 2000). “Tex. Prop. Code Ann. § 53.101 (West 1995); Hadnot v.”
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