Texas Affidavit of Commencement & Monthly Pre-Lien Notice — County Clerk Filing Guide (Tex. Prop. Code §§ 53.124 / 53.056, 2026)
✓ Verified against Texas statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Texas mechanics lien deadlines at a glance
Preliminary Notice
3rd month 15th — Fund-trapping notice
Mechanics Lien
15th of 4th month — Sub-tier: 15th of 2nd
Enforcement
1 year — From filing
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What Is a Texas Affidavit of Commencement and How Does the Chapter 53 Notice System Work?
The Texas Affidavit of Commencement is the optional pre-lien filing governed by Tex. Prop. Code § 53.124(c) — the procedural entry point into the Texas Property Code Chapter 53 mechanic's lien framework. The Affidavit of Commencement is jointly signed (sworn and notarized) by the owner and the original contractor in privity with the owner (typically the general contractor) and filed with the county clerk in the real-property records of the Texas county where the property is located, within 30 days after actual commencement of construction. Texas does not maintain a statewide construction registry — every filing is at the county-clerk level, and the 254 Texas counties each operate their own real-property records office. Filing the Affidavit of Commencement is optional, but the recorded affidavit is prima facie evidence of the date of commencement under § 53.124(a) and (b), fixing inception of the lien for priority purposes against mortgages, construction loans, and intervening recorded interests.
Who Files the Affidavit of Commencement and Who Must Send Monthly Notices?
The owner and the original contractor jointly file the Affidavit of Commencement under § 53.124(c). Both parties sign the affidavit, the signatures are notarized, and the affidavit is filed with the county clerk within 30 days after actual commencement. Subcontractors and suppliers send monthly notices under § 53.056. Every non-original-contractor claimant — subcontractors, sub-subcontractors, material suppliers, equipment lessors — must serve a § 53.056 Notice of Unpaid Balance on the owner and the original contractor by certified mail no later than the 15th day of the 3rd calendar month following each month of unpaid work (non-residential) or the 15th day of the 2nd month (residential homestead under § 53.252). Sub-subcontractors and remote suppliers must additionally serve a § 53.056(b) second-month notice on the original contractor by the 15th of the 2nd month following each month of unpaid work.
When the Affidavit of Commencement and Monthly Notices Must Be Filed
The owner and original contractor file the Affidavit of Commencement within 30 days after actual commencement of construction under § 53.124(c). 'Actual commencement' runs from the physical start of construction on the property — the date crews mobilize, the date earthwork begins, the date the first delivery hits the site for installation. The § 53.056 monthly notice runs separately for every unpaid month — a sub performing continuous work in January, February, and March without payment has three separate notice deadlines (April 15, May 15, June 15) for January, February, and March work respectively. The § 53.057 retainage notice runs on its own deadline: the earlier of 30 days after the claimant's contract is completed, terminated, or abandoned, or 30 days after the original contract is terminated or abandoned.
Required Information on the Texas Affidavit of Commencement
Tex. Prop. Code § 53.124(c) and (d) prescribe: legal description of the property and county-clerk recording reference, street address of the project, owner's name and current mailing address, original contractor's name and address (with TDLR license number where applicable), construction lender's name and address (if any), actual date construction commenced, general description of the improvement, and sworn, notarized signatures of both owner and original contractor. Errors in the legal description, owner-of-record identity, or actual commencement date can render the affidavit defective for inception-date purposes — verify parcel data with the county appraisal district (HCAD for Harris County, DCAD for Dallas County, TAD for Tarrant County, BCAD for Bexar County, TCAD for Travis County, CCAD for Collin County) before recording.
How to File, How to Serve, and What It Costs
All Texas Affidavit of Commencement filings are made with the county clerk in the real-property records of the Texas county where the property is located. Recording fees follow Tex. Loc. Gov't Code § 118.011 — typically $20–$30 for the first page and $4 per additional page, plus modest e-recording surcharges. The § 53.056 monthly notice is served by certified or registered mail with return receipt requested — not filed with the county clerk. Sub-subcontractors and remote suppliers must serve both the § 53.056(b) second-month notice on the original contractor and the § 53.056(a) third-month notice on the owner and original contractor — two separate certified mailings every month for every unpaid month of work.
Connection to the Texas Mechanic's Lien
The § 53.124 Affidavit of Commencement and the § 53.056 monthly Notices of Unpaid Balance are pre-lien-notice triggers — they do not by themselves create or perfect a lien. The actual Affidavit Claiming Mechanic's Lien is filed under § 53.052 with the county clerk no later than the 15th day of the 4th calendar month after the day on which the indebtedness accrues (non-residential) or the 15th day of the 3rd calendar month after accrual (residential homestead under § 53.252). After recording, suit to foreclose must be filed in Texas District Court within 2 years for non-residential matters and 1 year for residential homestead matters under § 53.158.
Texas 15th-of-the-3rd-Month Rule and § 53.081 Fund-Trapping
The Texas 15th-of-the-3rd-month rule under Tex. Prop. Code § 53.056 is the deadline for the monthly Notice of Unpaid Balance: a non-original-contractor claimant on a non-residential project must serve the owner and original contractor with written notice no later than the 15th day of the 3rd calendar month following each month for which labor was performed or materials furnished and remain unpaid. Once a § 53.056 notice is properly served, §§ 53.081 — 53.084 fund-trapping converts the unpaid debt into direct owner liability — the owner becomes personally liable up to the amount still owed the original contractor at the time of notice and protects itself by withholding the noticed amount from future payments to the original contractor until the claim is resolved. Compliance with the certified-mail service requirement and the 15th-day deadline is essential — late or improperly served notices forfeit fund-trapping.
Frequently Asked Questions
Who files a Texas Affidavit of Commencement and where?
Under § 53.124(c), the owner and the original contractor jointly sign a sworn, notarized affidavit and file it with the county clerk in the Texas county where the property is located, within 30 days after actual commencement of construction. The affidavit is optional — but the recorded affidavit is prima facie evidence of the date of commencement under § 53.124(a) and (b), fixing inception of the lien for priority purposes.
When must a Texas subcontractor send a monthly pre-lien notice under § 53.056?
Subs and suppliers on non-residential projects must serve a § 53.056 Notice of Unpaid Balance on the owner and the original contractor by certified mail no later than the 15th day of the 3rd month following each unpaid month — the '15th-of-3rd-month rule.' On residential homestead projects, the deadline is the 15th of the 2nd month under § 53.252. The rule runs separately for every unpaid month, and sub-subcontractors and remote suppliers must additionally serve a § 53.056(b) second-month notice on the original contractor.
What is a Texas fund-trapping notice under § 53.081?
Under §§ 53.081–53.084, a properly served § 53.056 monthly notice puts the owner on personal liability for the unpaid balance up to the amount the owner still owes the original contractor at the time of notice. The owner protects itself by withholding from future payments to the original contractor under § 53.081 until the claim is resolved. The fund-trapping mechanism converts the unpaid debt from a contractor-to-sub matter into an owner-to-sub direct exposure — one of the most powerful tools in Texas construction law.
What information must the Affidavit of Commencement contain?
Legal description, county-clerk recording reference, street address, owner's name and mailing address, original contractor's name and address (with TDLR license number where applicable), construction lender's name and address (if any), actual date of commencement, description of the improvement, and sworn, notarized signatures of both owner and original contractor under § 53.124(c) — (d).
How does the Texas pre-lien notice system connect to the actual mechanic's lien?
The § 53.124 Affidavit of Commencement and the § 53.056 monthly notices are pre-lien triggers — they do not create or perfect a lien. The actual Affidavit Claiming Mechanic's Lien is filed under § 53.052 with the county clerk by the 15th day of the 4th calendar month after accrual on non-residential (or 15th of 3rd month for residential homestead under § 53.252). Suit to foreclose must be filed in Texas District Court within 2 years (or 1 year for residential homestead) under § 53.158.
What is the Texas 15th-of-the-3rd-month rule?
The deadline for the monthly § 53.056 Notice of Unpaid Balance on non-residential projects — a non-original-contractor claimant must serve the owner and original contractor with a written notice of the unpaid balance no later than the 15th day of the 3rd calendar month following each month for which labor was performed or materials were furnished and remain unpaid. The rule runs separately for each unpaid month. On residential homestead projects, the deadline is the 15th of the 2nd month under § 53.252.
What is a Texas retainage notice under § 53.057?
A separate Notice of Contractual Retainage served on the owner that runs on its own deadline track: the earlier of 30 days after the claimant's contract is completed/terminated/abandoned, or 30 days after the original contract is terminated/abandoned. The § 53.057 retainage notice traps the retainage holdback specifically — distinct from the § 53.056 monthly notice on progress payments.