Statutory forms, Tex. Prop. Code §§ 53.281–53.284

Texas
Lien Waiver Forms

Texas Lien Waiver Forms: the Four Statutory Waivers Under Property Code § 53.284

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Which waiver?

Conditional Progress payment Unconditional Progress payment Conditional Final payment Unconditional Final payment Not sure — help me choose Two quick questions pick the right form.

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State Rules

How Texas treats lien waivers

Texas makes a lien or payment-bond waiver unenforceable unless it substantially complies with one of the four statutory forms in Property Code § 53.284: conditional and unconditional versions for progress and final payments. Unconditional forms must carry a bold statutory warning at the top of the document, and no one may require an unconditional waiver until the claimant has actually been paid in good and sufficient funds. Since January 1, 2022 (HB 2237), waivers on new original contracts no longer need to be notarized; the claimant's (or its authorized agent's) signature is enough.

What to know about Texas lien waivers

Projects whose original (prime) contract was signed before January 1, 2022 may still require notarized waivers. HB 2237, which removed the notarization requirement, applies only to original contracts entered into on or after that date. We generate the modern unnotarized forms.
Texas law prohibits requiring an unconditional waiver and release unless the claimant has actually been paid in good and sufficient funds (Tex. Prop. Code § 53.283). If payment is (or will be) by a single-payee or joint-payee check that has not cleared, use the conditional form (§ 53.284(b), (d)).

Texas lien waiver forms we generate

Texas prescribes the waiver language by statute; we generate the exact text of Tex. Prop. Code §§ 53.281–53.284, filled in with your project details.

Conditional Progress

Conditional Waiver and Release on Progress Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Unconditional Progress

Unconditional Waiver and Release on Progress Payment

Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.

Conditional Final

Conditional Waiver and Release on Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Unconditional Final

Unconditional Waiver and Release on Final Payment

Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.

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Signing a lien waiver in Texas

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Texas, built into every waiver we generate.

Advance waivers

Tex. Prop. Code § 53.286: notwithstanding any other law and except as provided by § 53.282, any contract, agreement, or understanding purporting to waive the right to file or enforce any lien or claim created under Chapter 53 is void as against public policy. A waiver is enforceable only via the § 53.284 statutory forms.

Texas execution rules

⚖ Statutory form: the waiver must substantially follow the form in Tex. Prop. Code §§ 53.281–53.284; we generate the statutory text as written.
✓ Notarization: not required in Texas.
✓ Witness: not required in Texas.
✓ E-signature: available. Send Texas waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.

Texas lien waiver questions

Which lien waiver forms does Texas use?

Texas prescribes four statutory lien waiver forms in Tex. Prop. Code §§ 53.281–53.284. They are the Conditional Waiver and Release on Progress Payment, the Unconditional Waiver and Release on Progress Payment, the Conditional Waiver and Release on Final Payment, and the Unconditional Waiver and Release on Final Payment.

Do Texas lien waivers need to be notarized?

No. Texas does not require lien waivers to be notarized. Projects whose original (prime) contract was signed before January 1, 2022 may still require notarized waivers. HB 2237, which removed the notarization requirement, applies only to original contracts entered into on or after that date. We generate the modern unnotarized forms.

What is the difference between a conditional and an unconditional lien waiver in Texas?

A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.

What is the difference between a progress and a final lien waiver in Texas?

A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project. In Texas, progress payments use the Conditional Waiver and Release on Progress Payment or the Unconditional Waiver and Release on Progress Payment and final payments use the Conditional Waiver and Release on Final Payment or the Unconditional Waiver and Release on Final Payment.

Is a lien waiver signed in advance enforceable in Texas?

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Bordering states

Every state's waiver rules are different. Check before you sign.