Texas lien waiver forms and what the statute says

Texas sets the wording of four lien waivers in Tex. Prop. Code § 53.284: a conditional and an unconditional waiver and release for a progress payment, and the same pair for the final payment. A waiver that does not substantially comply with the applicable form is unenforceable, says section 53.284(a).

In the app, a project located in Texas gets these four forms with the statute’s words unchanged. The sum, the names and the property fill in from the pay app the payment is for, and the signed waiver goes into the PDF beside it.

Sample Texas lien waiver on the statutory form — A signed sample of the conditional waiver and release on progress payment, § 53.284(b), printed by the app.

The four Texas forms at a glance

Each form has its own subsection of § 53.284. The right-hand column quotes the line in each form that says when it takes effect or what the signer has received. It is the statute’s text, not ours.

Form	Section	Kind	The form’s own words on payment
Conditional Waiver and Release on Progress Payment	Tex. Prop. Code § 53.284(b)	Conditional, progress	“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”
Unconditional Waiver and Release on Progress Payment	Tex. Prop. Code § 53.284(c)	Unconditional, progress	“The signer of this document has been paid and has received a progress payment”
Conditional Waiver and Release on Final Payment	Tex. Prop. Code § 53.284(d)	Conditional, final	“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”
Unconditional Waiver and Release on Final Payment	Tex. Prop. Code § 53.284(e)	Unconditional, final	“The signer of this document has been paid in full”

The two progress forms release a progress payment as shown in the attached statements or payment requests, and both except unpaid retention, pending modifications and changes, and other items furnished. The two final forms have no such exception list. The conditional final form says it covers the final payment to the signer, and the unconditional final form says the signer has been paid in full.

What the Property Code says about using them

Section 53.281 opens with the general rule: Any waiver and release of a lien or payment bond claim under this chapter is unenforceable unless a waiver and release is executed and delivered in accordance with this subchapter. Section 53.284(a) is the one that names the forms, and it says a waiver given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form. Section 53.281(b) lists what a waiver needs to take effect: that it substantially complies with one of the forms, and that it is signed by the claimant or the claimant’s authorized agent.

Section 53.283 speaks to who can be asked to sign an unconditional form: A person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress payment or final payment amount unless the claimant or potential claimant received payment in that amount in good and sufficient funds. Section 53.287 lists agreements the subchapter does not apply to. They are written agreements to subordinate, release, waive or satisfy a lien or bond claim in an accord and satisfaction of an identified dispute, in an agreement concerning a pending court action or arbitration, or in an agreement executed after an affidavit claiming the lien has been filed or the bond claim made.

Statute: Tex. Prop. Code § 53.284
Use of the form: Yes: a waiver is unenforceable unless it substantially complies with the statute’s form.
Who it applies to: Waivers of lien and payment bond claims under Chapter 53.
Notary: The statute is silent; it asks for the claimant’s or an authorized agent’s signature.

Source: Tex. Prop. Code § 53.284. Texas Constitution and Statutes (statutes.capitol.texas.gov), read Nov 12, 2026.

Because the statute is silent on a notary, the Texas forms in the app end with the company name, the signature and the title, and carry no notary block. Section 53.284 was added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Notice wording and type size

The two unconditional forms start with a notice, and the statute places it at the top of the document. Subsections 53.284(c)(1) and (e)(1) say it is to be printed in bold type at least as large as the largest type used in the document, but not smaller than 10-point type. The notice itself says that the document waives rights unconditionally and states that the signer has been paid, then points a signer who has not been paid to a conditional form. The conditional forms have no notice and no type rule.

The app prints the notice at the top of both unconditional forms, at the largest size on the page. The words of the notice are printed in the form texts below, ahead of the project lines.

The full text of each form

Below is each Texas form as the app prints it, word for word. The blank lines are where the app writes the job’s details. Every form opens with Project and Job No. lines, then the form text, then the date, the company name, the signer and the title.

Conditional Waiver and Release on Progress Payment Tex. Prop. Code § 53.284(b), read Nov 12, 2026

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)

Unconditional Waiver and Release on Progress Payment Tex. Prop. Code § 53.284(c), read Nov 12, 2026

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:

Date ____________________________

_________________________________ (Company name)

By ______________________________ (Signature)

_________________________________ (Title)

Conditional Waiver and Release on Final Payment Tex. Prop. Code § 53.284(d), read Nov 12, 2026

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)

Unconditional Waiver and Release on Final Payment Tex. Prop. Code § 53.284(e), read Nov 12, 2026

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.

Date ____________________________

_________________________________ (Company name)

By ______________________________ (Signature)

_________________________________ (Title)

The signed sample, field by field

The sample beside the introduction is the conditional progress waiver for the first pay app of the demo drywall job, Maple Street Clinic: $25,650.00 of work, 5% retainage held, $24,367.50 due. The job is at 1450 Maple Street in Austin, and the pay app runs to October 31, 2026. The Texas forms have no through date line, so the date on the form is the date it was signed. The sample was signed with a typed signature. These are the blanks the app filled.

Blank on the form	Sample value	Where the app takes it from
Project	Maple Street Clinic	The project’s name
Job No.	24-118	The project’s job number
Maker of check	Northgate Builders Inc.	The party you bill on the project, usually the GC
Sum	$24,367.50	The pay app’s current payment due
Payee of check	Delta Line Drywall LLC	Your company name on the account
Owner	Maple Street Medical Partners LLC	The project’s owner
Location	1450 Maple Street, Austin, TX 78701	The project’s site address
Job description	Drywall	The project’s trade or scope
Person with whom signer contracted	Northgate Builders Inc.	The customer on the project
Date	November 13, 2026	The date of signing
Company name, signature and title	Delta Line Drywall LLC, /s/ Dana Reyes, Office manager	Your company name, and the typed signature and title of the signer

The PDF has a second page, a signature record. It lists the document and its form version, the signer, the method (typed here), the time of signing in UTC, the date at the project in the State’s main time zone, the date printed beside the signature, a document hash and a record number.

Making a Texas waiver here

Set the project’s State to Texas when you create the job. The four forms above are the ones offered for it.
Finish the pay app for the period, which freezes its figures.
Open Lien waivers and choose the form and the pay app. The project lines, the parties, the location and the sum fill in.
Type the job description on the waiver screen if the project has none, then sign typed or drawn, or send a signing link to the person who signs.
Download the PDF. The signed waiver, the signature record and any backup you attached sit in the same file as the pay app.

The pay app editor in the app, where the period’s billing is entered before the waiver is made

How the waiver follows the pay app

The sum on a progress waiver is the payment the pay app asks for, not the contract sum and not the work to date. Take the pay application guide’s drywall job, at 10% retainage, at its third pay app, for the period to March 31, 2026. All of the $120,000.00 contract is now billed, $12,000.00 of retainage is held, and $68,400.00 was certified on the earlier applications. The current payment due is $39,600.00, and $12,000.00 remains as the balance to finish including retainage.

The conditional progress waiver for that payment reads $39,600.00 in the sum blank, with the GC as maker of the check and the sub as payee. The form releases a progress payment except for unpaid retention, pending modifications and changes, or other items furnished, so the $12,000.00 held back is outside it. If a later pay app enters the full $12,000.00 as a release, that payment is $12,000.00, and the conditional final waiver is the form that goes with it. The retainage guide follows a release through a job.

Because the waiver is made from a finished pay app, the figures on the two papers cannot drift apart. A revised pay app makes a new version, and a new Texas waiver can be made from it. The pay application guide shows where the current payment due comes from, line by line.

Texas waiver questions

Is the Texas lien waiver form mandatory?

Section 53.284(a) says a waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form in subsections (b) to (e). Section 53.281 repeats the point for any waiver of a lien or payment bond claim under Chapter 53.

Does a Texas lien waiver need a notary?

The statute is silent on it. Section 53.281(b) asks for the signature of the claimant or the claimant’s authorized agent, and the Texas forms in the app end with the company name, the signature and the title.

What notice do the Texas unconditional forms carry?

A notice at the top of the document, in bold type at least as large as the largest type used in the document and not smaller than 10-point type. It says the document waives rights unconditionally and that the signer has been paid, and it points a signer who has not been paid to a conditional form.

Can someone ask for an unconditional waiver before payment in Texas?

Section 53.283 says a person may not require a claimant to sign an unconditional waiver and release for a progress payment or final payment amount unless the claimant received payment in that amount in good and sufficient funds.

Does a Texas progress waiver cover retainage?

No. Both progress forms except unpaid retention, pending modifications and changes, and other items furnished. The final forms have no such list.

When does the Texas conditional waiver take effect?

On receipt by the signer of a check in the sum named, once the check has been properly endorsed and paid by the bank on which it is drawn. The conditional form also says a recipient should verify evidence of payment to the signer before relying on it.

Which agreements fall outside the Texas waiver rules?

Section 53.287 says the subchapter does not apply to a written agreement to subordinate, release, waive or satisfy a lien or bond claim made in an accord and satisfaction of an identified dispute, in an agreement about a pending action or arbitration, or after an affidavit claiming the lien has been filed or the bond claim made.

What date goes on a Texas waiver?

The forms have a Date line and no through date. The app prints the date of signing there. The signature record on page two shows the time of signing in UTC and the date at the project.

Sources: Tex. Prop. Code § 53.284.

Other States and the four kinds

Beyond Texas, the lien waiver guide sets out the four kinds side by side, and conditional vs unconditional covers the timing. Arizona and Nevada also print all four kinds in their statutes.

We print the statute’s wording and the facts above and do not advise which waiver to sign.