Sec. 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. (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. (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.
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