Tex. Codes » Property Code · TITLE 5. EXEMPT PROPERTY AND LIENS · SUBTITLE B. LIENS · CHAPTER 56. LIENS AGAINST MINERAL PROPERTY
Texas Codes

Tex. Prop. Code § 56.043 (2026)

Retention Of Payment

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 56.043. RETENTION OF PAYMENT. A property owner who is served with a mineral subcontractor's notice may withhold payment to the contractor in the amount claimed until the debt on which the lien is based is settled or determined to be not owed. The owner is not liable to the subcontractor for more than the amount that the owner owes the original contractor when the notice is received.

Acts 1983, 68th Leg., p. 3569, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2016–2024 · leading case: Shell W. E & P, Inc. v. Pel-State Bulk Plant, LLC, 509 S.W.3d 581 (Tex. App. 2016).
Sort: Relevance Newest Treatment
Shell W. E & P, Inc. v. Pel-State Bulk Plant, LLC, 509 S.W.3d 581 (Tex. App. 2016). “006 by calculating Pel-State’s mineral subcontractor lien using the cumulative sum of multiple contracts between Shell and Green Field, some of which were paid in full, rather than the amount of each specific contract for which Pel-State provided labor and materials? (3) Did the…”
Pearl Resources LLC v. Allied OFS LLC (Bankr. S.D. Tex. 2022). · cites it 10× “118 Pearl offers three main arguments as to why Maverick’s Lien Claim is not valid, to wit: (1) because it is barred by the limitation of liability afforded to Pearl as mineral property owners under Tex. Prop. Code § 56.043; (2) because Maverick’s Lien Claim fails to comply with…”
Pearl Resources Operating Co. LLC v. Transcon Capital, LLC (Bankr. S.D. Tex. 2024). · cites it 2× “Transcon’s mineral property lien claim has been declared invalid and unenforceable pursuant to TEX. PROP. CODE § 56.043 as determined by the El Paso Court of Appeals which reversed the judgment of the District Court of Pecos County, Texas.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.