Texas Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Texas liens are filed and enforced
A Texas mechanics lien is filed with the County Clerk in the county where the project sits — 15th of 4th month from sub-tier: 15th of 2nd. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Texas claimants lose rights far more often by missing the second one than the first.
Texas deadlines by claimant role
For subcontractors and suppliers: monthly notice 3rd month — 90 days from last furnishing (Tex. Prop. Code § 53.056(b)); monthly notice 2nd month — 60 days from last furnishing (Tex. Prop. Code § 53.056(b)); Record the lien — 120 days from last furnishing (Tex. Prop. Code § 53.052); Record the lien — 90 days from last furnishing (Tex. Prop. Code § 53.052); post filing notice — 5 days from lien recorded (Tex. Prop. Code § 53.055); file suit — 2 years from lien recorded (Tex. Prop. Code § 53.158). For general contractors: Record the lien — 120 days from last furnishing (Tex. Prop. Code § 53.052). For design professionals: Record the lien — 120 days from last furnishing (Tex. Prop. Code § 53.021(b)). For owner: record notice of commencement — 0 days from contract execution (Tex. Prop. Code § 53.124). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Texas
COMMERCIAL 1ST TIER: Must send notice by 15th day of 3rd month after each unpaid month. Example: Work in January unpaid → notice by April 15. Must send EVERY month work is unpaid. Missing one month forfeits that month's lien rights. Deadline shown is approximate — calculate as 15th of 3rd month after the unpaid month. RESIDENTIAL 1ST TIER: Must send notice by 15th day of 2nd month after each unpaid month — ONE MONTH EARLIER than commercial. Example: Work in January unpaid → notice by March 15. Must send every month work is unpaid. GC: File lien affidavit by 15th day of 4th month after last day of month in which last labor/materials furnished. Example: Last work in March → file by July 15. No preliminary notice required for GC. Must send copy to owner within 5 days of filing. Deadline shown is approximate — calculate as 15th of 4th month after furnishing month. COMMERCIAL: File lien affidavit by 15th day of 4th month after last month of work. Monthly notices must be current or lien is invalid for deficient months. Send copy to owner within 5 days of filing. Deadline shown is approximate — calculate as 15th of 4th month after furnishing month. RESIDENTIAL: File by 15th day of 3rd month after last month of work — one month earlier than commercial. Monthly notices must be current. Send copy to owner within 5 days of filing. Must send copy of filed lien affidavit to owner AND GC within 5 days of filing. Certified mail required. Suit to foreclose lien must be filed within 2 years of lien filing. For residential: 1 year from last furnishing. Written notice within 90 days of last furnishing. Public works = no mechanic's lien; bond claim is only remedy.
How Texas notices must be served
Texas requires 3rd month 15th — Fund-trapping notice. Accepted delivery for the notices tracked here: Certified Mail; Written notice via certified mail; Must be signed by BOTH spouses and recorded before work begins. Service runs to the Owner AND General Contractor. Keep the proof of service in the project file — Texas disputes over whether a notice was properly served are decided on that documentation.
Public projects in Texas
No lien attaches to public property in Texas. On private residential and public state local and public federal work the remedy is a payment bond claim instead — monthly notice 2nd month within 60 days of last furnishing, served on the Owner AND General Contractor (Tex. Prop. Code § 53.056(b)). 7 public-project deadlines are tracked for Texas.
Texas statute citations
The Texas deadlines above come from Tex. Prop. Code § 53.056(b), Tex. Prop. Code § 53.052, Tex. Prop. Code § 53.055, Tex. Prop. Code § 53.158, Tex. Gov't Code § 2253.041, Tex. Gov't Code § 2253.073, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Tex. Prop. Code § 28.009, Tex. Prop. Code § 28.003, Tex. Prop. Code § 53.021(b), Tex. Prop. Code § 53.057, Tex. Prop. Code § 53.254, Tex. Prop. Code § 53.285, Tex. Prop. Code § 53.124. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Texas construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Texas?
15th of 4th month — Sub-tier: 15th of 2nd. The filing goes to the County Clerk in the project's county. See Tex. Prop. Code § 53.052. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Texas?
With the County Clerk in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Texas require a preliminary notice?
Yes — 3rd month 15th. Fund-trapping notice. Accepted service includes Certified Mail.
How long do you have to enforce a Texas mechanics lien?
1 year — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Texas?
Retainage must be released within 30 days of substantial completion and acceptance. 10% maximum retainage; 5% after 50% completion on public contracts. (Tex. Prop. Code § 28.003).