Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 53.206 - Perfection Of Claim(a) Except as provided by Subsection (b), to perfect a claim against a bond in a manner other than that prescribed by Subchapter C for fixing a lien, a person must give notice under Sections 53.056 and 53.057, as applicable, to the original contractor and surety on the bond
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(b) To perfect a claim for retainage under this section, a claimant is not required to give notice to the surety under Section 53.057 if the claimant has a direct contractual relationship with the original contractor
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(c) A claimant that provides the notices described by this section is not required to file an affidavit claiming a mechanic's lien to perfect a claim under the bond . (d) A person satisfies the requirements of this section relating to providing notice to the surety if the person mails the notice by certified mail to the surety: (1) at the address stated on the bond or on an attachment to the bond; (2) at the address on file with the Texas Department of Insurance; or (3) at any other address allowed by law. Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 690,Sec. 27, eff. 1/1/2022.Amended By Acts 2001, 77th Leg., ch. 380, Sec. 6, eff. 9/1/2001.Amended By Acts 1999, 76th Leg., ch. 889, Sec. 6, eff. 9/1/1999Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 32, eff. 9/1/1989 Acts 1983, 68th Leg., p. 3552, ch. 576, Sec. 1, eff. 1/1/1984.