A derivative claimant generally must send notice of an unpaid labor or materials claim to the owner or reputed owner and the original contractor for the lien to be valid, with different deadlines for residential and nonresidential projects.
Sec. 53.056. DERIVATIVE CLAIMANT: NOTICE TO OWNER AND ORIGINAL CONTRACTOR. (a) Except as provided by Section 53.057, a claimant other than an original contractor must give the notice prescribed by Subsections (a-1) and (a-2) for the lien to be valid. (a-1) For all unpaid labor or materials provided, the claimant must send a notice of claim for unpaid labor or materials to the owner or reputed owner and the original contractor. The notice must be sent: (1) for projects other than residential construction projects, not later than the 15th day of the third month after the month during which: (A) the labor or materials were provided; or (B) the undelivered specially fabricated materials would normally have been delivered; or (2) for residential construction projects, not later than the 15th day of the second month after the month during which: (A) the labor or materials were provided; or (B) the undelivered specially fabricated materials would normally have been delivered. (a-2) The notice must be in substantially the following form: "NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS "WARNING: This notice is provided to preserve lien rights. "Owner's property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt. "Date:_______________ "Project description and/or address: _______________ "Claimant's name: _______________ "Type of labor or materials provided: _______________ "Original contractor's name: _______________ "Party with whom claimant contracted if different from original contractor: _______________ "Claim amount: _______________ "_______________ (Claimant's contact person) "_______________ (Claimant's address)" (a-3) The notice may include an invoice or billing statement. (a-4) A claimant may give to the original contractor a written notice of an unpaid labor or materials invoice that is past due. A notice under this subsection is not required for a lien to be valid. (b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022. (d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022. (e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022. (f) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022. Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 8, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 8, eff. Sept. 1, 1997. Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 10, eff. January 1, 2022. Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 11, eff. January 1, 2022. Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.