Tex. Prop. Code Section 53.256
List of Subcontractors and Suppliers


(a)

Except as provided by Subsection (d), for the construction of improvements under a residential construction contract, the original contractor shall:

(1)

furnish to the owner before the commencement of construction a written list that identifies by name, address, and telephone number each subcontractor and supplier the contractor intends to use in the work to be performed; and

(2)

provide the owner with an updated list of subcontractors and suppliers not later than the 15th day after the date a subcontractor or supplier is added or deleted.

(b)

The list must contain the following notice conspicuously printed, stamped, or typed in a size equal to at least 10-point boldface or the computer equivalent:
“NOTICE: THIS LIST OF SUBCONTRACTORS AND SUPPLIERS MAY NOT BE A FINAL LISTING. UNLESS YOU SIGN A WAIVER OF YOUR RIGHT TO RECEIVE UPDATED INFORMATION, THE CONTRACTOR IS REQUIRED BY LAW TO SUPPLY UPDATED INFORMATION, AS THE INFORMATION BECOMES AVAILABLE, FOR EACH SUBCONTRACTOR OR SUPPLIER USED IN THE WORK PERFORMED ON YOUR RESIDENCE.”

(c)

The failure of a contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust.

(d)

An owner may waive the right to receive the list of subcontractors and suppliers or any updated information required by this section only as provided by this subsection. The waiver must be in writing and may be included in the residential construction contract. If the waiver is not included as a provision of the residential construction contract, the separate waiver statement must be signed by the owner. The waiver must be conspicuously printed in at least 10-point bold-faced type and read substantially similar to the following:
"WAIVER OF THE LIST OF SUBCONTRACTORS AND SUPPLIERS. AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256, PROPERTY CODE, TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.
"BY SIGNING THIS DOCUMENT, I AGREE TO WAIVE MY RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.
"I UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE.
“I HAVE VOLUNTARILY CONSENTED TO THIS WAIVER.”
Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 889, Sec. 9, eff. Sept. 1, 1999.

Source: Section 53.256 — List of Subcontractors and Suppliers, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­53.­htm#53.­256 (accessed Apr. 13, 2024).

53.001
Definitions
53.002
More than One Original Contractor
53.003
Notices
53.021
Persons Entitled to Lien
53.022
Property to Which Lien Extends
53.023
Payment Secured by Lien
53.024
Limitation on Subcontractor’s Lien
53.025
Limitation on Ordinary Retainage Lien
53.026
Sham Contract
53.051
Necessary Procedures
53.052
Filing of Affidavit
53.054
Contents of Affidavit
53.055
Notice of Filed Affidavit
53.056
Derivative Claimant: Notice to Owner and Original Contractor
53.057
Derivative Claimant: Notice of Claim for Unpaid Retainage
53.081
Authority to Withhold Funds for Benefit of Claimants
53.082
Time for Which Funds Are Withheld
53.084
Owner’s Liability
53.085
Affidavit Required
53.101
Funds Required to Be Reserved
53.102
Payment Secured by Reserved Funds
53.103
Lien on Reserved Funds
53.104
Preferences
53.105
Owner’s Liability for Failure to Reserve Funds
53.106
Affidavit of Completion
53.107
Notice Relating to Termination of Work or Abandonment of Performance by Original Contractor or Owner
53.121
Preference over Other Creditors
53.122
Equality of Mechanic’s Liens
53.123
Priority of Mechanic’s Lien over Other Liens
53.124
Inception of Mechanic’s Lien
53.151
Enforcement of Remedies Against Money Due Original Contractor or Subcontractor
53.152
Release of Claim or Lien
53.153
Defense of Actions
53.154
Foreclosure
53.155
Transfer of Property Sold
53.156
Costs and Attorney’s Fees
53.157
Discharge of Lien
53.158
Period for Bringing Suit to Foreclose Lien
53.159
Obligation to Furnish Information
53.160
Summary Motion to Remove Invalid or Unenforceable Lien
53.161
Bond Requirements After Order to Remove
53.162
Revival of Removed Lien
53.171
Bond
53.172
Bond Requirements
53.173
Notice of Bond
53.174
Recording of Bond and Notice
53.175
Action on Bond
53.201
Bond
53.202
Bond Requirements
53.203
Recording of Bond and Contract
53.204
Reliance on Record
53.205
Enforceable Claims
53.206
Perfection of Claim
53.207
Owner’s Notice of Claim to Surety
53.208
Action on Bond
53.210
Claims in Excess of Bond Amount
53.211
Attempted Compliance
53.231
Lien
53.232
To Whom Notice Given
53.233
Contents of Notice
53.234
Time for Notice
53.235
Official to Retain Funds
53.236
Bond for Release of Lien
53.237
Bond Requirements
53.238
Notice of Bond
53.239
Action on Bond
53.251
Procedures for Residential Construction Projects
53.254
Contractual Requirements for Lien on Homestead
53.255
Disclosure Statement Required for Residential Construction Contract
53.256
List of Subcontractors and Suppliers
53.257
Provisions Related to Closing of Loan for Construction of Improvements
53.258
Disbursements of Funds
53.259
Final Bills-paid Affidavit Required
53.260
Conveyance to Contractor Not Required
53.281
Waiver and Release of Lien or Payment Bond Claim
53.282
Conditions for Waiver, Release, or Impairment of Lien or Payment Bond Claim
53.283
Unconditional Waiver and Release: Payment Required
53.284
Forms for Waiver and Release of Lien or Payment Bond Claim
53.286
Public Policy
53.287
Certain Agreements Exempt

Accessed:
Apr. 13, 2024

§ 53.256’s source at texas​.gov