Texas Property Code 53.052 – Filing of Affidavit
(a) An original contractor claiming the lien must file an affidavit with the county clerk:
(1) for projects other than residential construction projects, not later than the 15th day of the fourth month after the month in which the original contractor’s work was completed, terminated, or abandoned; or
(2) for residential construction projects, not later than the 15th day of the third month after the month in which the original contractor’s work was completed, terminated, or abandoned.
(b) Except as provided by Subsection (c) or (d), a claimant other than an original contractor claiming the lien must file an affidavit with the county clerk not later than the 15th day of the fourth month after the later of:
(1) the month the claimant last provided labor or materials; or
(2) the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.
Terms Used In Texas Property Code 53.052
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Month: means a calendar month. See Texas Government Code 312.011
(c) A claimant other than an original contractor claiming a lien arising from a residential construction project must file an affidavit with the county clerk not later than the 15th day of the third month after the later of:
(1) the month the claimant last provided labor or materials; or
(2) the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.
(d) A claimant other than an original contractor claiming a lien for retainage must file an affidavit with the county clerk not later than the 15th day of the third month after the month in which the original contract under which the claimant performed was completed, terminated, or abandoned.
(e) An affidavit under this chapter must be filed in the county where the improvements are located. The county clerk shall record the affidavit in records kept for that purpose and shall index and cross-index the affidavit in the names of the claimant, the original contractor, and the owner. Failure of the county clerk to properly record or index a filed affidavit does not invalidate the lien.