Texas Codes

Tex. Prop. Code § 53.124 (2026)

Inception Of Mechanic's Lien

✓ current as of May 2026

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Sec. 53.124. INCEPTION OF MECHANIC'S LIEN. (a) Except as provided by Subsection (e), for purposes of Section 53.123, the time of inception of a mechanic's lien is the commencement of construction of improvements or delivery of materials to the land on which the improvements are to be located and on which the materials are to be used.

(b) The construction or materials under Subsection (a) must be visible from inspection of the land on which the improvements are being made.

(c) An owner and original contractor may jointly file an affidavit of commencement with the county clerk of the county in which the land is located not later than the 30th day after the date of actual commencement of construction of the improvements or delivery of materials to the land. The affidavit must contain:

(1) the name and address of the owner;

(2) the name and address of each original contractor, known at the time to the owner, that is furnishing labor, service, or materials for the construction of the improvements;

(3) a description, legally sufficient for identification, of the property being improved;

(4) the date the work actually commenced; and

(5) a general description of the improvement.

(d) An affidavit filed in compliance with this section is prima facie evidence of the date of the commencement of the improvement described in the affidavit. The time of inception of a mechanic's lien arising from work described in an affidavit of commencement is the date of commencement of the work stated in the affidavit.

(e) The time of inception of a lien that is created under Section 53.021(3), (4), or (5) is the date of recording of an affidavit of lien under Section 53.052. The priority of a lien claimed by a person entitled to a lien under Section 53.021(3), (4), or (5) with respect to other mechanic's liens is determined by the date of recording. A lien created under Section 53.021(3), (4), or (5) is not valid or enforceable against a grantee or purchaser who acquires an interest in the real property before the time of inception of the lien.

Acts 1983, 68th Leg., p. 3547, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 19, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 851, Sec. 5, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 896, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 410, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 98 (S.B. 929), Sec. 2, eff. May 21, 2025.

SUBCHAPTER G. RELEASE AND FORECLOSURE; ACTION ON CLAIM

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1986–2021 · leading case: Lyda Swinerton Builders, Inc. v. Cathay Bank, 409 S.W.3d 221 (Tex. App. 2013).

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Lyda Swinerton Builders, Inc. v. Cathay Bank, 409 S.W.3d 221 (Tex. App. 2013). · cites it 3× “” Tex. Prop. Code Ann. § 53.124 (a). Here, neither party disputes that the relevant date for inception of the builder’s liens is February 2007.”

First Nat'l Bank v. Crescent Elec. Supply Co. (In Re Renaissance Hosp. Grand Prairie Inc.), 713 F.3d 285 (5th Cir. 2013). “*292 Tex. Prop.Code Ann. § 53.124(a)-(b) (West 2007) (emphasis added).”

Valdez v. Diamond Shamrock Refining & Mktg. Co., 842 S.W.2d 273 (Tex. 1992). · cites it 4× “5459 § 2 (Vernon 1971) (repealed 1984), which was the predecessor to Tex.Prop.Code § 53.124). Consequently, because Diamond Shamrock’s deed was not filed until after the date visible construction began—whereby Valdez’s lien took effect—Valdez has a superior claim to the property…”

GCI GP, LLC v. Stewart Title Guar. Co., 290 S.W.3d 287 (Tex. App. 2009). · cites it 2× “Under Texas Property Code section 53.124(a), the time of inception of a mechanic’s lien, for the purposes of section 53.”

Bond v. Kagan-Edelman Enter., 985 S.W.2d 253 (Tex. App. 1999). “See Tex. Prop.Code § 53.124(a). Applying these definitions to the' parties, Irwin was the original contractor by virtue of his agreement (the original contract) with Kagan-Edelman to construct the restaurant.”

Meg Petroleum Corp. v. Halliburton Servs. (In Re Meg Petroleum Corp.), 61 B.R. 14 (Bankr. N.D. Tex. 1986). · cites it 2× “005 in Tex.Prop.Code Ann. § 53.124, which defines "inception” for purposes of non-mineral mechanic’s and material-man’s liens.”

GSL of Ill, LLC v. McCaffety Elec. Co. (In Re Demay Int'l LLC), 471 B.R. 510 (S.D. Tex. 2012). “] May 19, 2011), citing Tex. Prop.Code Ann. § 53.124(a). Robert McCaffety’s affidavit supporting the lien states, "The materials and labor for which payment is requested, were furnished during the month(s) of: August, September, October, November and December 2008 and January…”

In Re Moussa, 93 B.R. 96 (Bankr. N.D. Tex. 1988). “The Property Code expressly states that “the commencement of construction of improvements” constitutes the time of inception of an M & M lien, TEX.PROP.CODE ANN. § 53.124(a)(1) (Vernon 1984), and the grading of land has been found to constitute the “commencement” of the…”

Trimcos, LLC v. Compass Bank (Tex. App. 2021). · cites it 6× “8 Compass 8 Texas Property Code section 53.124, titled “Inception of Mechanic’s Lien,” provides: (a) Except as provided by [s]ubsection (e), for purposes of [Texas Property Code] [s]ection 53.”

Panorama Constr., Inc. v. Farm Credit Servs., 733 F. Supp. 2d 748 (N.D. Tex. 2010). · cites it 2× “1978); see also Tex. Prop. Code § 53.124. The inception of a mechanic’s lien can occur at the earliest of three events: (1) the visible commencement of actual construction of improvements upon the relevant property, which said improvements are ultimately incorporated or made a…”

Suntex Fuller Corp. v. Nationsrent of Texas, L.L.P., D/B/A Nationsrent (Tex. App. 2007). “Tex. Prop. Code Ann. § 53.124 (a) (Vernon Supp.”

2012 Props., LLC v. Garland Indep. Sch. Dist. (Tex. App. 2015). “Tex. Prop. Code Ann. § 53.124 . Mechanic’s the claim.”

— Tex. Prop. Code § 53.124(a) — 8 cases

First Nat'l Bank v. Crescent Elec. Supply Co. (In Re Renaissance Hosp. Grand Prairie Inc.), 713 F.3d 285 (5th Cir. 2013). “*292 Tex. Prop.Code Ann. § 53.124(a)-(b) (West 2007) (emphasis added).”

Lyda Swinerton Builders, Inc. v. Cathay Bank, 409 S.W.3d 221 (Tex. App. 2013). “” Tex. Prop. Code Ann. § 53.124 (a). Here, neither party disputes that the relevant date for inception of the builder’s liens is February 2007.”

GCI GP, LLC v. Stewart Title Guar. Co., 290 S.W.3d 287 (Tex. App. 2009). “Under Texas Property Code section 53.124(a), the time of inception of a mechanic’s lien, for the purposes of section 53.”

Valdez v. Diamond Shamrock Refining & Mktg. Co., 842 S.W.2d 273 (Tex. 1992). “5459 § 2 (Vernon 1971) (repealed 1984), which was the predecessor to Tex.Prop.Code § 53.124). Consequently, because Diamond Shamrock’s deed was not filed until after the date visible construction began—whereby Valdez’s lien took effect—Valdez has a superior claim to the property…”

— Tex. Prop. Code § 53.124(a)(1) — 1 case

— Tex. Prop. Code § 53.124(b) — 1 case

Meg Petroleum Corp. v. Halliburton Servs. (In Re Meg Petroleum Corp.), 61 B.R. 14 (Bankr. N.D. Tex. 1986). “005 in Tex.Prop.Code Ann. § 53.124, which defines "inception” for purposes of non-mineral mechanic’s and material-man’s liens.”

— Tex. Prop. Code § 53.124(c) — 1 case

Trimcos, LLC v. Compass Bank (Tex. App. 2021). “8 Compass 8 Texas Property Code section 53.124, titled “Inception of Mechanic’s Lien,” provides: (a) Except as provided by [s]ubsection (e), for purposes of [Texas Property Code] [s]ection 53.”

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