Texas

Texas Lien Waiver Forms

Texas writes its four lien waiver forms into the statute. A waiver that doesn't substantially match one of them is unenforceable, no matter what it says or who signed it.

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The four Texas statutory lien waiver forms, conditional and unconditional, for progress and final payment
Bold notice Texas requires at the top of an unconditional waiver
The four statutory forms in Tex. Prop. Code 53.284
Download all four forms ZIP, four print-ready one-page PDFs. No email required.
Statutory text verified Sep 7, 2026 Last legislative change Jan 1, 2022 (HB 2237) Free, no sign-up

A waiver and release discharges the owner, the property, the contractor, and the payment bond surety only if it substantially complies with one of the four forms in § 53.284, it is signed by the claimant or their authorized agent, and, for a conditional release, evidence of payment exists.

Tex. Prop. Code § 53.281(b)

That cuts both ways. A sub who signs a waiver drafted off a generic template may not be bound by it. A GC collecting waivers to close out a draw can end up holding nothing when the sub files a lien anyway.

The four forms below are the statutory text as the Property Code prints it, including the leading quotation mark Texas puts on each line. Fill in the blanks. Do not rewrite the release paragraph.

Filling them in is the tedious part, and it is the part APARBooks does for you. See how the blanks fill themselves from the payment you already recorded.

Texas

Two questions get you to the right form

Has the money actually cleared? And is this a progress payment or the last one? That's the whole decision.

Conditional / not paid yet
Unconditional / paid
Progress
Conditional Waiver and Release on Progress Payment Tex. Prop. Code § 53.284(b) You're handed a check for a draw. Sign this. It takes effect only once the check clears the bank. Unconditional Waiver and Release on Progress Payment Tex. Prop. Code § 53.284(c) Only after the draw is in the bank. Carries a bold notice the statute requires at the top.
Final
Conditional Waiver and Release on Final Payment Tex. Prop. Code § 53.284(d) Closeout check in hand, not yet cleared. Releases everything once it clears. Unconditional Waiver and Release on Final Payment Tex. Prop. Code § 53.284(e) Gives up every lien and bond right on the job, permanently. Sign only after final payment clears.

Conditional Waiver and Release on Progress Payment

Tex. Prop. Code § 53.284(b)
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Use it when: you're asked to sign in exchange for a progress payment and you have not been paid yet, or you were handed a single-payee or joint-payee check.

"Project ___________________

"Job No. ___________________

"On receipt by the signer of this document of a check from ________________ (maker of check) in the sum of $__________ payable to _____________________ (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of ________________ (owner) located at ______________________ (location) to the following extent: ______________________ (job description).

"This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to __________________ (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished.

"Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.

"The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s).

"Date ____________________________

"_________________________________ (Company name)

"By ______________________________ (Signature)

"_________________________________ (Title)"

Scroll inside the form to read it all, or download the PDF above.

Unconditional Waiver and Release on Progress Payment

Tex. Prop. Code § 53.284(c)
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Use it when: the progress payment is already in your account. Signing this before the money lands is what § 53.283 prohibits.
"This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form."

"Project ___________________

"Job No. ___________________

"The signer of this document has been paid and has received a progress payment in the sum of $___________ for all labor, services, equipment, or materials furnished to the property or to _____________________ (person with whom signer contracted) on the property of _______________________ (owner) located at ______________________ (location) to the following extent: ______________________ (job description). The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the above referenced project to the following extent:

"This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to __________________ (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished.

"The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s).

"Date ____________________________

"_________________________________ (Company name)

"By ______________________________ (Signature)

"_________________________________ (Title)"

Scroll inside the form to read it all, or download the PDF above.

Conditional Waiver and Release on Final Payment

Tex. Prop. Code § 53.284(d)
Download PDF
Use it when: you have the closeout check but it hasn't cleared, or you got a joint-payee check. Note that it releases retainage too, unlike the progress version.

"Project ___________________

"Job No. ___________________

"On receipt by the signer of this document of a check from ________________ (maker of check) in the sum of $____________ payable to _____________________ (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of _____________________ (owner) located at ______________________ (location) to the following extent: ______________________ (job description).

"This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to __________________ (person with whom signer contracted).

"Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.

"The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release.

"Date ____________________________

"_________________________________ (Company name)

"By ______________________________ (Signature)

"_________________________________ (Title)"

Scroll inside the form to read it all, or download the PDF above.

Unconditional Waiver and Release on Final Payment

Tex. Prop. Code § 53.284(e)
Download PDF
Use it when: final payment has cleared. This is the strongest of the four. Once signed, there is nothing left to lien or bond-claim on the job.
"This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form."

"Project ___________________

"Job No. ___________________

"The signer of this document has been paid in full for all labor, services, equipment, or materials furnished to the property or to ___________________ (person with whom signer contracted) on the property of ______________________ (owner) located at ______________________ (location) to the following extent: ______________________ (job description). The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position.

"The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release.

"Date ____________________________

"_________________________________ (Company name)

"By ______________________________ (Signature)

"_________________________________ (Title)"

Scroll inside the form to read it all, or download the PDF above.
Texas

You already typed all of this once

Every blank on these four forms is data you entered when you set up the project, signed the subcontract, or cut the check. APARBooks fills them from those records instead of asking you again.

1

Record the payment

Pay a subcontractor bill, submit a pay application, or write the check. Nothing extra to enter.

2

APARBooks picks the form

Conditional while the check is still outstanding, unconditional once it clears. Progress or final off where you are in the billing cycle.

3

The blanks fill themselves

Claimant, owner, job location, check maker and amount all come off the project, the subcontract, and the payment you just recorded.

4

Sign and file

E-signature in the portal, no print and scan. The signed waiver is stored on the project with the rest of the pay application package.

On the Texas form, that means:

Blank on the form
Filled from
Project
The project the bill is coded to
Job No.
The job number on that project
Owner  /  located at
The owner and job address on the project record
Person with whom signer contracted
The subcontract the bill sits under
Job description
The scope on that subcontract
Maker of check
The account the check is drawn on
Sum of $  /  payee of check
The payment you just recorded
Company name  /  By  /  Title
The vendor record, signed with the built-in e-signature

See how the automation works

Five things about Texas waivers that cost people money

The form is the easy part. These are the rules that decide whether a signed waiver holds up.

§ 53.283

Nobody can make you sign unconditional before the money lands

A GC or owner may not require a claimant to execute an unconditional waiver for a progress or final payment amount unless that amount was actually received in good and sufficient funds. If someone hands you an unconditional form along with the check, the conditional version is the correct one.

§ 53.286

A "no lien" clause in the contract is void

Any contract, agreement, or understanding that purports to waive the right to file or enforce a Chapter 53 lien is void as against public policy. Subcontracts still show up with this language. It does not hold, with one exception below.

Void as against public policy
§ 53.282(a)(3)

The residential exception is real, and it's broad

On a single-family house, townhouse, or duplex, or land development for one, lien rights can be waived in the written original contract or subcontract, as long as the waiver is made before any labor or materials are provided. This is the one place a pre-signed waiver sticks in Texas. It does not reach anyone who supplies material only and no labor, per § 53.282(c).

Exception to § 53.286
§ 53.287

Settlements aren't held to the statutory forms

Subchapter L does not reach a written agreement to subordinate, release, waive, or satisfy a lien or bond claim in an accord and satisfaction of an identified dispute, in a pending court or arbitration matter, or in an agreement signed after the lien affidavit was already filed. Once you are in a dispute, the form rules stop governing.

§ 53.281

The statute moved in 2022

HB 2237 amended § 53.281 effective January 1, 2022 as part of a broad rewrite of Chapter 53. Forms saved off a website before that date may carry superseded language. Check the effective date on anything you have on file.

Amended eff. Jan 1, 2022

Texas lien waiver FAQ

Still stuck? Email us at support@aparbooks.com.

Only if you are going to exchange a waiver at all. :State does not make you swap waivers for payment. What it does is decide what a waiver has to look like once you do. Most GCs, owners, and construction lenders ask for them anyway, and the moment someone asks, this is the form that has to be used. Something typed up from scratch usually is not worth anything.

Before, using the conditional version. It only takes effect once the check clears, so nobody gives anything up early and you are still covered if the check bounces. The unconditional version is for after the money has actually landed in their account. If someone hands you an unconditional form along with the check, they have it backwards.

They can still put a lien on the job, and the waiver you got from your sub does not stop them. You can only sign away your own rights, not somebody else's. If your sub buys material on account from a supply house, that supply house has its own claim until it gets paid. That is why GCs collect waivers down the chain, not just from the people they write checks to.

Do not ask for one in that situation, and do not lean on it if you get one. An unconditional waiver says the money already arrived. If it has not, the sub has signed away rights for a payment they never received, and that is a fight you do not want on your job. Ask for the conditional version with the check, and the unconditional one after it clears.

Nothing was released. That is the whole point of the conditional version: it only takes effect when the bank actually pays the check. If the check bounces, the lien rights are still there. It is also why a photocopy of an uncashed check is not proof of payment. What counts is the cleared check or written confirmation from the claimant that the money arrived.

Generate them from the payment instead of typing them. Everything the form asks for, who is being paid, the job, the owner, the check and the amount, is already in your books the moment you cut the check. APARBooks builds the right waiver for each sub off that payment, sends it out for signature, and shows you which ones came back. An afternoon of copy and paste turns into part of running the draw.

Yes. The forms call for a signature, not for ink, and electronic signatures are accepted on them. Printing, signing, scanning, and emailing thirty of these is habit, not a requirement. APARBooks has e-signature built in, so a sub can sign from a phone and the signed copy files itself against the project. If an owner or lender insists on a wet signature, that is their own condition, not something the law asks for.

Fill in the blanks, that is fine. Do not rewrite the paragraphs. :State only accepts these forms, and one that somebody edited can end up worth nothing to whoever was counting on it. If you need to carve something out, use the exceptions the form already gives you rather than adding language of your own.

:State does not require it. A signature from the claimant, or from someone authorized to sign for them, is enough. Wyoming and Mississippi are the two states that make you notarize a lien waiver. Plenty of owners and lenders ask for notarization anyway, but that is a condition in their contract, not something the law is asking for.

On a progress payment, no. The progress forms leave out retention, pending changes, and anything furnished after the date on the form. The final payment forms leave nothing out. Sign a final waiver while retainage is still sitting there and you have given up the retainage along with everything else, which is the single most common way people lose money on these.

On a house, townhouse, or duplex, yes, if it is in the written contract and signed before anybody starts work or delivers material. Texas allows that one exception and it holds up. Everywhere else, a no-lien clause buried in a subcontract is worthless no matter what it says. It also does not reach a supplier who only drops off material and does no labor.

Yes. The wording is :State law itself, and laws are not copyrighted, so anyone can print these, fill them in, and use them. No sign-up and no email address. If you would rather not fill them in by hand at all, APARBooks generates them from the payment you already recorded.

Statutory sources
Tex. Prop. Code ch. 53, Subchapter L — Texas Legislature Online § 53.284 — Forms for Waiver and Release of Lien or Payment Bond Claim § 53.282 — Conditions for Waiver, Release, or Impairment § 53.286 — Public Policy

APARBooks is construction accounting software, not a law firm, and nothing on this page is legal advice. Lien statutes change and the facts of your job matter. The form text above was copied from the statute and verified on the date shown. Confirm it against the current code before you rely on it, and talk to a construction attorney in your state about anything contested.

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