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 § 53.174 (2026)

Recording Of Bond And Notice

✓ current as of May 2026
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Sec. 53.174. RECORDING OF BOND AND NOTICE. (a) The county clerk shall record the bond, the notice, and a certificate of mailing in the real property records.

(b) In acquiring an interest in or insuring title to real property, a purchaser, insurer of title, or lender may rely on and is absolutely protected by the record of the bond and the notice to the same extent as if the lien claimant had filed a release of lien in the real property records.

Acts 1983, 68th Leg., p. 3550, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 27, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 20, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2001–2022 · 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). “A claimant on a properly filed mechanic’s lien has a right to pursue a personal judgment against the property owner that continues even after the owner obtains and records an indemnity bond to remove the lien.”
Liverman, Roger (Tex. App. 2015). · cites it 2× “10 TEX. PROP. CODE § 53.174 ................”
Liverman, Aaron (Tex. 2015). · cites it 2× “10 TEX. PROP. CODE § 53.174 ................”
Casto Lopez Concrete, LLC, Venancio Lopez, Individually, & Casto Lopez, Individually v. Sage Com. Grp., LLC (Tex. App. 2022). “See Tex. Prop. Code § 53.174(b). The bond does not supplant the underlying claim on which the lien is based.”
Tex. Prop. Code § 53.174(b): 2 cases
Stolz v. Honeycutt, 42 S.W.3d 305 (Tex. App. 2001). “A claimant on a properly filed mechanic’s lien has a right to pursue a personal judgment against the property owner that continues even after the owner obtains and records an indemnity bond to remove the lien.”
Casto Lopez Concrete, LLC, Venancio Lopez, Individually, & Casto Lopez, Individually v. Sage Com. Grp., LLC (Tex. App. 2022). “See Tex. Prop. Code § 53.174(b). The bond does not supplant the underlying claim on which the lien is based.”
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