StatutoryDesk / State Statutory Rules / Texas Statutory Lien Waiver Forms (Tex. Prop. Code § 53.284) & Notary Rules
Texas Statutory Lien Waiver Forms (Tex. Prop. Code § 53.284) & Notary Rules
What are the statutory lien waiver rules in Texas?
Texas mandates four statutory lien waiver forms under Property Code § 53.284 (Conditional and Unconditional for Progress and Final payments). Non-statutory waivers are void. Following HB 2237 (effective January 1, 2022), Texas lien waivers no longer require notarization to be valid.
Texas strictly voids any lien waiver that does not substantially follow the four templates in Texas Property Code § 53.284. However, Texas eliminated the biggest Friday-afternoon bottleneck in 2022 by removing the mandatory notary requirement.
Statutory rules at a glance in Texas
| Rule | Statutory Requirement |
|---|---|
| Governing statute | Texas Property Code §§ 53.281 to 53.284 (amended by HB 2237) |
| Mandatory forms | Conditional Progress (§ 53.284(b)), Unconditional Progress (§ 53.284(c)), Conditional Final (§ 53.284(d)), and Unconditional Final (§ 53.284(e)) |
| Font & notice rule | Must include the statutory Notice header at the top of the document |
| Notary / Witness rule | Notary is NO LONGER required for waivers signed on or after January 1, 2022 (HB 2237 repealed the notarization mandate in § 53.281(b)). |
| Unpaid / Conditional clock | Conditional waivers take effect only upon actual receipt and bank clearance of the stated payment. |
Workers' Comp audit rule for subcontractors in Texas
Under Texas Labor Code § 406.122, general contractors who carry Workers' Comp should execute a written agreement (DWC Form-83 or DWC Form-85) or verify the subcontractor's active ACORD 25 WC policy prior to work.
Generate your Texas statutory lien waiver free
The free StatutoryDesk 12-State Lien Waiver Generator prepares the Texas statutory form (Texas Property Code §§ 53.281 to 53.284 (amended by HB 2237)) in your browser with the required font size and notice block enforced, plus our Subcontractor ACORD 25 Workers' Comp Audit Checker to verify sub certificates before releasing a check.
Questions
Does Texas require a specific statutory lien waiver form?
Yes. Under Texas Property Code §§ 53.281 to 53.284 (amended by HB 2237), Texas requires: Conditional Progress (§ 53.284(b)), Unconditional Progress (§ 53.284(c)), Conditional Final (§ 53.284(d)), and Unconditional Final (§ 53.284(e)).
Do lien waivers need to be notarized in Texas?
Notary is NO LONGER required for waivers signed on or after January 1, 2022 (HB 2237 repealed the notarization mandate in § 53.281(b)).
What happens if a subcontractor has no Workers' Comp in Texas?
Under Texas Labor Code § 406.122, general contractors who carry Workers' Comp should execute a written agreement (DWC Form-83 or DWC Form-85) or verify the subcontractor's active ACORD 25 WC policy prior to work.