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 § 53.151 (2026)

Enforcement Of Remedies Against Money Due Original Contractor Or Subcontractor

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Sec. 53.151. ENFORCEMENT OF REMEDIES AGAINST MONEY DUE ORIGINAL CONTRACTOR OR SUBCONTRACTOR. (a) A creditor of an original contractor may not collect, enforce a security interest against, garnish, or levy execution on the money due the original contractor or the contractor's surety from the owner, and a creditor of a subcontractor may not collect, enforce a security interest against, garnish, or levy execution on the money due the subcontractor, to the prejudice of the subcontractors, mechanics, laborers, materialmen, or their sureties.

(b) A surety issuing a payment bond or performance bond in connection with the improvements has a priority claim over other creditors of its principal to contract funds to the extent of any loss it suffers or incurs. That priority does not excuse the surety from paying any obligations that it may have under its payment bonds.

Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 20, eff. Sept. 1, 1989.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2002–2022 · leading case: Exchanger Contractors Inc. v. Comerica Bank-Texas, 330 F.3d 339 (5th Cir. 2003).
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Exchanger Contractors Inc. v. Comerica Bank-Texas, 330 F.3d 339 (5th Cir. 2003). · cites it 3× “Tex. Prop.Code § 53.151 (Vernon 1983) (emphasis added).”
Exchanger Contractors, Inc. v. Comerica Bank (In re Waterpoint Int'l, L.C.), 279 B.R. 209 (S.D. Tex. 2002). “Tex. Prop.Code § 53.151. Exchanger claims that this law overrules the Texas Supreme Court’s interpretation of the construction trust statute, protecting the interests of subcontractors when they do not have a construction trust or a lien against the improvements.”
Sydney Raym F/K/A Sydney Dethloff v. Tupelo Mgmt., LLC, No. 02-21-00071-CV, 2022 WL 60722 (Tex. App.—Fort Worth Jan. 6, 2022). · cites it 2× “4 4 Briefly, Raym also contends that allowing Tupelo to prevail on its quantum meruit claim would contravene Texas Property Code Section 53.151, which provides in relevant part that a creditor of an original contractor may not collect or enforce a security interest against money…”
Waterpoint Int'l LLC v. Comerica Bank-Texas, No. 02-20755 (5th Cir. June 27, 2003). · cites it 3× “TEX. PROP. CODE § 53.151 (Vernon 1983) (emphasis added).”
In Re Waterpoint Intern., LC, 279 B.R. 209 (S.D. Tex. 2002). “Tex. Prop.Code § 53.151. Exchanger claims that this law overrules the Texas Supreme Court's interpretation of the construction trust statute, protecting the interests of subcontractors when they do not have a construction trust or a lien against the improvements.”
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