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 § 53.171 (2026)

Bond

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Sec. 53.171. BOND. (a) If a lien, other than a lien granted by the owner in a written contract, is fixed or is attempted to be fixed by a recorded instrument under this chapter, any person may file a bond to indemnify against the lien.

(b) The bond shall be filed with the county clerk of the county in which the property subject to the lien is located.

(c) A mechanic's lien claim against an owner's property is discharged after:

(1) a bond that complies with Section 53.172 is filed;

(2) the notice of the bond is issued as provided by Section 53.173; and

(3) the bond and notice are recorded as provided by Section 53.174.

Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 24, 39(1), eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 18, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1989–2022 · leading case: Sheldon Pollack Corp. v. Pioneer Concrete of Texas, Inc., 765 S.W.2d 843 (Tex. App.—Dallas 1989).
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Sheldon Pollack Corp. v. Pioneer Concrete of Texas, Inc., 765 S.W.2d 843 (Tex. App.—Dallas 1989). · cites it 2× “See TEX.PROP. CODE ANN. § 53.171 (Vernon 1984).”
Stolz v. Honeycutt, 42 S.W.3d 305 (Tex. App.—Houston [14th Dist.] 2001). “Tex. PRop.Code Ann. § 53.171(a). An action on the bond must be filed no later than one year after the date on which notice of the bond is served.”
Crawford Servs., Inc. v. Skillman Int'l Firm, L.L.C., 444 S.W.3d 265 (Tex. App.—Dallas 2014). “Tex. Prop.Code Ann. § 53.171. Skillman argues that it complied with all of these provisions and that “[t]he lien was discharged when Skillman filed its Notice on [sic] Bond to Indemnify Against Mechanic’s Lien.”
Legoland Discovery Centre (Dallas), LLC v. Superior Builders, LLC, 531 S.W.3d 218 (Tex. App.—Fort Worth 2017). “See Tex. Prop. Code Ann. § 53.171 (West 2014).”
Scoggins Constr. Co. v. Dealers Elec. Supply Co., 292 S.W.3d 685 (Tex. App.—Corpus Christi 2008). “See Tex. Prop.Code Ann. §§ 53.171(a), 53.201(b) (Vernon 2007).”
Linbeck Constr. Corp v. City of Grand Prairie, 293 S.W.3d 896 (Tex. App.—Dallas 2009). “Tex. Prop.Code Ann. § 53.171 (Vernon 2007).”
Casto Lopez Concrete, LLC v. Sage Com. Grp., LLC, No. 14-20-00734-CV (Tex. App.—Houston [14th Dist.] June 2, 2022). · cites it 2× “See Tex. Prop. Code § 53.171. Therefore, any 5 decision by this court on the merits of the trial court’s removal of the lien would have no practical legal effect on an existing controversy.”
Liverman, Roger, No. PD-1595-14 (Tex. Crim. App. Aug. 17, 2015). · cites it 2× “10 TEX. PROP. CODE § 53.171 ................”
Liverman, Aaron, No. PD-1596-14 (Tex. Aug. 18, 2015). · cites it 2× “10 TEX. PROP. CODE § 53.171 ................”
Patriot Contracting, LLC v. Shelter Prods., Inc., 650 S.W.3d 627 (Tex. App.—Houston [1st Dist.] 2021). “The payment bond was required to “be conditioned substantially that the principal and sureties w[ould] pay to the named obligees or to their assignees the amount that the named obligees would . . . be[] entitled to recover if their claims had been proved to be valid and…”
G Force Framing LLC, Kerry Graves, Kerry Graves on Behalf of G Force Framing LLC, & Kerry Graves D/B/A G Force Framing v. MacSouth Forest Prods., L.L.C. v. Stoneleigh Constr. Co., LLC, SC Switchyard, LLC, XL Specially Ins. Co. & Travelers Surely & Casually Co., No. 05-20-00835-CV (Tex. App.—Dallas Feb. 18, 2022). “] TEX. PROP. CODE ANN. § 53.171(a–c). Texas Property Code § 53.”
Scoggins Constr. Co. v. Dealers Elec. Supply Co., No. 13-06-00368-CV (Tex. App.—Corpus Christi Dec. 20, 2007). “See Tex. Prop. Code Ann. §§ 53.171 (a), 53.201(b) (Vernon 2007).”
Tex. Prop. Code § 53.171(a): 3 cases
Stolz v. Honeycutt, 42 S.W.3d 305 (Tex. App.—Houston [14th Dist.] 2001). “Tex. PRop.Code Ann. § 53.171(a). An action on the bond must be filed no later than one year after the date on which notice of the bond is served.”
Scoggins Constr. Co. v. Dealers Elec. Supply Co., 292 S.W.3d 685 (Tex. App.—Corpus Christi 2008). “See Tex. Prop.Code Ann. §§ 53.171(a), 53.201(b) (Vernon 2007).”
Casto Lopez Concrete, LLC v. Sage Com. Grp., LLC, No. 14-20-00734-CV (Tex. App.—Houston [14th Dist.] June 2, 2022). “See Tex. Prop. Code § 53.171. Therefore, any 5 decision by this court on the merits of the trial court’s removal of the lien would have no practical legal effect on an existing controversy.”
Tex. Prop. Code § 53.171(c): 2 cases
Sheldon Pollack Corp. v. Pioneer Concrete of Texas, Inc., 765 S.W.2d 843 (Tex. App.—Dallas 1989). “See TEX.PROP. CODE ANN. § 53.171 (Vernon 1984).”
Patriot Contracting, LLC v. Shelter Prods., Inc., 650 S.W.3d 627 (Tex. App.—Houston [1st Dist.] 2021). “The payment bond was required to “be conditioned substantially that the principal and sureties w[ould] pay to the named obligees or to their assignees the amount that the named obligees would . . . be[] entitled to recover if their claims had been proved to be valid and…”
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