Texas law (Property Code §53.284) prescribes four forms, reproduced here word for word — including the bold notice the statute requires on unconditional forms. A non-compliant waiver is unenforceable (§53.281). Pick your situation:
Two questions. Is this the last payment on the job? If no, use a progress form; if yes, a final form. Has the payment actually cleared your bank? If no, use a conditional form; if yes, an unconditional one. In Texas it is prohibited for anyone to require you to sign an unconditional waiver for a payment you have not received (§53.283).
Texas Property Code §53.284 prescribes four waiver and release forms. For a progress payment, use the Conditional Waiver and Release on Progress Payment if the payment has not been received, and the Unconditional Waiver and Release on Progress Payment once the payment is actually in your hands. The unconditional form binds you even if you have not been paid.
For the final payment, Texas Property Code §53.284 prescribes the Conditional Waiver and Release on Final Payment if the final payment has not been received, and the Unconditional Waiver and Release on Final Payment once it has. The final forms release your lien and payment bond claims on the whole project, so sign them only at closeout.
Not for recent contracts. House Bill 2237 removed the notarization requirement for statutory waivers under Property Code §53.284 for original contracts entered into on or after January 1, 2022. Waivers tied to an original contract signed before that date remain governed by the former law, which required notarization to be effective.
Under Property Code §53.281, a waiver and release is enforceable only if it substantially complies with one of the four forms in §53.284 and is signed by the claimant or the claimant's authorized agent. A waiver that does not substantially follow the statutory form is not enforceable against the person who signed it.
No. Property Code §53.283 makes it prohibited for a person to require a claimant to sign an unconditional waiver and release as a condition of payment if the claimant has not actually received that payment. If you are pressured to sign an unconditional form before the money has cleared, the statute is on your side.
Lien waiver forms for nearby states: Louisiana, Oklahoma and New Mexico. ← Back to all states · Which states require a statutory lien waiver form? (reference table)
This tool is not a law firm and does not provide legal advice. Statutory text verified 2026-09-07. Not a substitute for a licensed Texas attorney.