Tex. Prop. Code § 53.101

FUNDS REQUIRED TO BE RESERVED

Applied in 21 court decisions — leading case Green International, Inc. v. Solis (1997)

Most recently applied in David Wight Construction Company, Ltd v. Federal Deposit Insurance Commission as Receiver for First National Bank, N.A. (February 2014)

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff

How often courts cite this section

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) During the progress of work under an original contract for which a mechanic's lien may be claimed and for 30 days after the work under the contract is completed, the owner shall reserve:

(1) 10 percent of the contract price of the work to the owner; or

(2) 10 percent of the value of the work, measured by the proportion that the work done bears to the work to be done, using the contract price or, if there is no contract price, using the reasonable value of the completed work.

(b) In this section, "owner" includes the owner's agent, trustee, or receiver.

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