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

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.

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.

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.

Create a free Texas lien waiver

The correct Texas form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.

Working in another state?

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