- (a) 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.
(b) A waiver and release is effective to release the owner, the owner's property, the contractor, and the surety on a payment bond from claims and liens only if:
- (1) the waiver and release substantially complies with one of the forms prescribed by Section 53.284;
- (2) the waiver and release is signed by the claimant or the claimant's authorized agent; and
- (3) in the case of a conditional release, evidence of payment to the claimant exists.
Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 35, eff. January 1, 2022.