Blog · By James Grokman, CEO, TapeAndFloat · Published October 29, 2026 · Updated October 29, 2026

Texas bills-paid affidavits: what drywall subs sign and when

A bills-paid affidavit is a sworn statement that you have paid your own subcontractors, laborers and suppliers in full for the job, or, if you haven't, a list of who you still owe, how much, and their contact details. In Texas, the GC, owner or anyone else paying you can require one as a condition of paying you for your labor or materials (Property Code § 53.085(a)), so expect it with a pay app or at final payment.

Because it is sworn, it is not a formality. A knowingly or recklessly false statement is a crime, and the person who signs is personally liable for losses caused by wrong information (§ 53.085(d)-(e)). Check your payables for the job before anyone signs.

Not legal advice. Check with an attorney. This is a general guide for office staff on Texas private jobs, based on the Property Code text linked below. Your contract, the GC's form and the facts of your job matter. Have a Texas construction attorney review anything you are unsure about.

1. What the affidavit says, in plain English

Under § 53.085(a), the affidavit states one of two things:

• Everyone is paid: you have paid each of your subcontractors, laborers and materialmen in full for all labor and materials provided to you for the construction; or
• Not everyone is paid: the amount owed, plus the name and, if known, the address and phone number of each subcontractor, laborer or materialman you still owe.

For a drywall sub, "your" people usually means the supply house that delivered board, mud, tape, bead and metal framing, anyone you rented equipment from, your crews, and any hanging or finishing sub you brought in.

The law also lets the affidavit include three extra things (§ 53.085(c)): a lien or bond-claim waiver that is conditioned on actually getting paid when payment is by check or draft, as provided in the lien waiver rules; a promise that certain bills will be paid out of the money paid to you in reliance on the affidavit; and an indemnity for any loss caused by false or incorrect information. Each one adds to what you are promising.

2. When you will be asked to sign one

• With a progress pay app. Some GCs put a bills-paid affidavit in the pay app package every month, next to the lien waiver.
• At final payment and retainage release. Check whether the closeout list calls for one. On a residential construction contract, Texas requires the original contractor to give the owner a final bills-paid affidavit as a condition of final payment (§ 53.259(a)), which is one reason a GC on a home job may ask you for yours. See how to get your drywall retainage back in Texas for the rest of that package.
• When the property is sold. A buyer can ask the seller for a bills-paid affidavit before closing (§ 53.085(b)). The seller signs that one, not you.

3. Bills-paid affidavit vs. lien waiver

They often travel together, but they say different things. A Texas lien waiver gives up your lien or bond-claim rights for a payment, and in Texas it only works if it substantially complies with one of the four statutory forms (§ 53.281, § 53.284). A bills-paid affidavit is about the people below you: did you pay them?

There is overlap. All four statutory waiver forms include a line where the signer warrants that it has already paid, or will use the funds from that payment to promptly pay in full, its laborers, subcontractors, materialmen and suppliers (§ 53.284). And if a bills-paid affidavit includes release language, check it against the statutory forms: under § 53.282(a), a statement that purports to waive or impair your lien rights generally is not enforceable unless it substantially complies with a § 53.284 form or you have actually been paid in full (there is a narrow exception for certain contracts on single-family houses, townhouses and duplexes signed before work starts).

4. Before you sign: a seven-point check

1. Job and date. Confirm the project name, your pay app number and the "through" date on the form.
2. Pull the job's payables. List every open bill coded to the job: supplier invoices, equipment rental, labor sub invoices and crew pay through the through date.
3. Check supplier statements, not just invoices. Ask the supply house for a job statement. Deliveries and returns that posted late can make your records and the supplier's disagree.
4. Fill in the "owed" section honestly. If anyone is unpaid, list the amount, name and, if you know them, the address and phone number. The law expects that list; "paid in full" is not the safe default.
5. "Has paid" vs. "will pay." If you plan to pay your supplier out of this check, the affidavit should say so (a § 53.085(c)(2) warranty) or list the supplier as owed. Do not swear something is already paid when it isn't.
6. Read the extras. Look for release, indemnity and "pay from these funds" language. If there is a waiver inside, compare it with the § 53.284 forms (our waiver form picker helps), and never give an unconditional waiver for money you have not received (§ 53.283).
7. The right signer. The person who signs should know the numbers, read the whole form and sign in front of the notary if the form has a notary block. That person carries personal liability for false or incorrect information (§ 53.085(e)).

5. What to log for every affidavit

Keep one line per affidavit, next to the pay app and the lien waiver for the same payment.

Job / GC ................ Example Apartments Bldg B / Example GC
Pay app # / through ...... 6 / Mar 31 (made-up numbers)
Requested by / date ...... GC project accountant / Apr 2
Owed parties listed ...... Example Supply Co., $4,180, phone on file
Extras in form ........... indemnity: yes; release: none
Signed by / notarized .... office manager / yes, Apr 3
Sent / how ............... Apr 3, GC portal (copy saved to job folder)
Follow-up ................ pay Example Supply from this draw; note date paid

When you pay a party you listed as owed, write the date and check number on that line, so the next affidavit starts from accurate numbers. For what the GC owes you, use the free drywall payment tracker.

6. If the GC hasn't paid you yet

A bills-paid affidavit is a condition of payment under § 53.085(a), so a GC can hold your check until you deliver it. It does not stop your lien deadlines, though. Keep the notice dates for every unpaid month on the calendar with our Texas lien deadline calculator (background in Texas lien deadlines for subcontractors), and use the past-due pay app scripts to follow up once your paperwork is in.

TapeAndFloat is an office assistant for drywall subs and small GCs. In the free pilot we are testing a paperwork checklist for each pay app and closeout: which documents the GC asked for (waivers, bills-paid affidavits, closeout items), which ones are still missing, and past-due pay apps with their lien notice dates. A real person on your team reviews every entry and follow-up. If that would help your office, take a look at the Austin pilot.

Official sources

• Texas Property Code, Chapter 53: Mechanic's, Contractor's, or Materialman's Lien (§§ 53.085, 53.259, 53.281, 53.282, 53.283, 53.284)

Related: Texas lien waivers for drywall subs: which one to sign, how to get your drywall retainage back in Texas, how to fill out a drywall pay application in Texas and the glossary entry lien waiver.

Not legal advice. General summary as of October 29, 2026. Check specific jobs, forms and contracts with a Texas construction attorney.

Frequently asked questions

What is a bills-paid affidavit in Texas?

A sworn statement that you have paid your own subcontractors, laborers and suppliers in full for the job, or, if not, the amount owed and the name and, if known, address and phone number of each party you owe (Property Code Sec. 53.085(a)).

Does a drywall subcontractor have to sign one?

If the GC, owner or other party paying you requests it, Texas makes it a condition of payment for your labor or materials (Sec. 53.085(a)). You can still list who you owe instead of swearing everyone is paid.

Is a bills-paid affidavit the same as a lien waiver?

No. A lien waiver gives up your own lien or bond-claim rights and must substantially comply with a statutory form (Secs. 53.281, 53.284). A bills-paid affidavit is about whether you paid the people below you. The affidavit may include a conditional waiver (Sec. 53.085(c)).

What happens if a bills-paid affidavit is wrong?

Intentionally, knowingly or recklessly making a false or misleading statement in one is a misdemeanor punishable by a fine up to $4,000, up to one year in jail, or both, and the signer is personally liable for losses from false or incorrect information (Sec. 53.085(d)-(e)).