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Tex. Prop. Code § 53.081

AUTHORITY TO WITHHOLD FUNDS FOR BENEFIT OF CLAIMANTS

Applied in 10 court decisions — leading case San Antonio Credit Union v. O'CONNOR (2003)

Most recently applied in Long Q. Pham and Thao M. Silva v. Harris County Rentals, L.L.C. (December 2014)

Acts 1983, 68th Leg., p. 3543, ch. 576, Sec. 1, eff

How often courts cite this section

199720002010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) If an owner receives notice under Section 53.056 or 53.057, the owner may withhold from payments to the original contractor an amount necessary to pay the claim for which he receives notice. The withholding may be in addition to any reserved funds.

(b) If notice is sent under Section 53.056, the owner may withhold the funds immediately on receipt of the notice.

(c) If notice is sent under Section 53.057, the owner may withhold funds immediately on receipt of a copy of the claimant's affidavit prepared in accordance with Sections 53.052 through 53.055.

(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(7), eff. January 1, 2022.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.