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 § 53.172 (2026)

Bond Requirements

✓ current as of May 2026
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Sec. 53.172. BOND REQUIREMENTS. The bond must:

(1) describe the property on which the liens are claimed;

(2) refer to each lien claimed in a manner sufficient to identify it;

(3) be in an amount that is double the amount of the liens referred to in the bond unless the total amount claimed in the liens exceeds $40,000, in which case the bond must be in an amount that is the greater of 1-1/2 times the amount of the liens or the sum of $40,000 and the amount of the liens;

(4) be payable to the parties claiming the liens;

(5) be executed by:

(A) the party filing the bond as principal; and

(B) a corporate surety authorized and admitted to do business under the law in this state and licensed by this state to execute the bond as surety, subject to Subchapter A, Chapter 3503, Insurance Code; and

(6) be conditioned substantially that the principal and sureties will pay to the named obligees or to their assignees the amount that the named obligees would have been entitled to recover if their claims had been proved to be valid and enforceable liens on the property.

Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 25, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1132, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 6, eff. May 29, 2023.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2008–2025 · leading case: West v. Triple B Servs., LLP, 264 S.W.3d 440 (Tex. App. 2008).
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West v. Triple B Servs., LLP, 264 S.W.3d 440 (Tex. App. 2008). · cites it 2× “See Tex. PROp.Code § 53.172(3) (providing that bond to indemnify against hen exceeding $40,000 must be in an amount that is *452 the greater of 1 ½ times the amount of the liens or the sum of $40,000 and the amount of the liens).”
Morrell Masonry Supply, Inc. v. Lupe's Shenandoah Reserve, LLC, 363 S.W.3d 901 (Tex. App. 2012). “See Tex. Prop.Code Ann. § 53.172 (West 2007).”
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. (Tex. App. 2022). · cites it 4× “Texas Property Code § 53.172 provides for the requirements of a bond that would function to potentially discharge a mechanic’s lien and provides, inter alia: The bond must: .”
Liverman, Roger (Tex. App. 2015). · cites it 2× “9, 10 TEX. PROP. CODE § 53.172 ................”
Liverman, Aaron (Tex. 2015). · cites it 2× “9, 10 TEX. PROP. CODE § 53.172 ................”
Astra Ventures, LLC v. Serv. Steel Warehouse Co., L.P. (Tex. App. 2025). “3d at 659 (quoting TEX. PROP. CODE § 53.172(6)). Second, to calculate that amount, one necessarily had to look to the underlying contract, and that contract in turn called for 18%.”
Tex. Prop. Code § 53.172(3): 2 cases
West v. Triple B Servs., LLP, 264 S.W.3d 440 (Tex. App. 2008). “See Tex. PROp.Code § 53.172(3) (providing that bond to indemnify against hen exceeding $40,000 must be in an amount that is *452 the greater of 1 ½ times the amount of the liens or the sum of $40,000 and the amount of the liens).”
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. (Tex. App. 2022). “Texas Property Code § 53.172 provides for the requirements of a bond that would function to potentially discharge a mechanic’s lien and provides, inter alia: The bond must: .”
Tex. Prop. Code § 53.172(6): 2 cases
West v. Triple B Servs., LLP, 264 S.W.3d 440 (Tex. App. 2008). “See Tex. PROp.Code § 53.172(3) (providing that bond to indemnify against hen exceeding $40,000 must be in an amount that is *452 the greater of 1 ½ times the amount of the liens or the sum of $40,000 and the amount of the liens).”
Astra Ventures, LLC v. Serv. Steel Warehouse Co., L.P. (Tex. App. 2025). “3d at 659 (quoting TEX. PROP. CODE § 53.172(6)). Second, to calculate that amount, one necessarily had to look to the underlying contract, and that contract in turn called for 18%.”
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