Texas Property Code 53.206 – Perfection of Claim
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(a) Except as provided by Subsection (b), to perfect a claim against a bond in a manner other than that prescribed by Subchapter C for fixing a lien, a person must give notice under Sections 53.056 and 53.057, as applicable, to the original contractor and surety on the bond.
(b) To perfect a claim for retainage under this section, a claimant is not required to give notice to the surety under § 53.057 if the claimant has a direct contractual relationship with the original contractor.
Terms Used In Texas Property Code 53.206
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A claimant that provides the notices described by this section is not required to file an affidavit claiming a mechanic’s lien to perfect a claim under the bond.
(d) A person satisfies the requirements of this section relating to providing notice to the surety if the person mails the notice by certified mail to the surety:
(1) at the address stated on the bond or on an attachment to the bond;
(2) at the address on file with the Texas Department of Insurance; or
(3) at any other address allowed by law.