Section 53.056 - Derivative Claimant: Notice To Owner And Original Contractor(a) Except as provided by Section 53.057 , a claimant other than an original contractor must give the notice prescribed by Subsections (a-1) and (a-2) for the lien to be valid. (a-1) For all unpaid labor or materials provided, the claimant must send a notice of claim for unpaid labor or materials to the owner or reputed owner and the original contractor. The notice must be sent: (1) for projects other than residential construction projects, not later than the 15th day of the third month after the month during which: (A) the labor or materials were provided; or (B) the undelivered specially fabricated materials would normally have been delivered; or (2) for residential construction projects, not later than the 15th day of the second month after the month during which: (A) the labor or materials were provided; or (B) the undelivered specially fabricated materials would normally have been delivered. (a-2) The notice must be in substantially the following form: "NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS
"WARNING: This notice is provided to preserve lien rights.
"Owner's property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt.
"Date:_______________
"Project description and/or address: _______________
"Claimant's name: _______________
"Type of labor or materials provided: _______________
"Original contractor's name: _______________
"Party with whom claimant contracted if different from original contractor: _______________
"Claim amount: _______________
"_______________ (Claimant's contact person)
"_______________ (Claimant's address)"
(a-3) The notice may include an invoice or billing statement. (a-4) A claimant may give to the original contractor a written notice of an unpaid labor or materials invoice that is past due. A notice under this subsection is not required for a lien to be valid. (b) [Repealed by 2021 amendment.](c) [Repealed by 2021 amendment.](d) [Repealed by 2021 amendment.](e) [Repealed by 2021 amendment.](f) [Repealed by 2021 amendment.]Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 690,Sec. 11, eff. 1/1/2022.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 690,Sec. 36, eff. 1/1/2022.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 690,Sec. 10, eff. 1/1/2022.Amended By Acts 1997, 75th Leg., ch. 526, Sec. 8, eff. 9/1/1997.Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 8, eff. 9/1/1989 Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. 1/1/1984.