Texas Building Codes, Permits and Contractor Rules
Here’s every rule from our 50-state guides for Texas on one page: the residential building code, frost depth, retaining wall permits, the 811 dig law, drainage law, contractor licensing, deposit limits, mechanics lien deadlines, workers’ comp, planting zones and frost dates. Each section links the official source and the full 50-state comparison.
Texas at a glance
- Building code: 2012 IRC (some areas only)
- Frost depth: Set locally; often 0-6 in.
- 811 notice: At least 48 hours (excluding Saturdays, Sundays and legal holidays) and not earlier than 14 days before excavation
- Contractors: No statewide requirement (local)
- Deposits: No cap; homestead >$5,000: trust account
- Liens: 15th of 3rd month after month work ends
- Workers’ comp: Optional (gov't projects: required)
- Drainage rule: Civil law (natural flow)
- Planting zones: 6b to 10b
| Topic | Texas | Compare |
|---|---|---|
| Residential building code | 2012 IRC (some areas only) | All states |
| Frost line depth | Set locally; often 0-6 in. | All states |
| Retaining wall permit | Set locally | All states |
| 811 notice before digging | At least 48 hours (excluding Saturdays, Sundays and legal holidays) and not earlier than 14 days before excavation | All states |
| Contractor license | No statewide requirement (local) | All states |
| Deposit limit | No cap; homestead >$5,000: trust account | All states |
| Right to cancel | 3 business days, sales made at home | All states |
| Lien filing deadline | 15th of 3rd month after month work ends | All states |
| Workers’ comp required | Optional (gov't projects: required) | All states |
| Drainage between neighbors | Civil law (natural flow) | All states |
| Planting zones (2023 USDA) | 6b to 10b | All states |
| Frost dates (NOAA) | Last frost mid-Feb (Houston) to mid-Apr (Amarillo); first frost late Oct (Amarillo) to early Dec (Houston); Brownsville freezes only in some winters (NCEI's 50% dates both fall in early Jan and its 50% freeze-free season is 365 days) | All states |
Texas residential building code
- Code
- 2012 International Residential Code (as it existed May 1, 2012) as the municipal residential building code; cities may adopt later editions and local amendments
- How it applies
- Statewide for some areas only
- In effect since
- January 1, 2022
- Code agency
- None (set by statute; no state residential code agency)
- Who enforces it
- Applies inside city limits, where cities may adopt newer IRC editions and amend the code. County authority over home construction outside city limits is separate and much more limited.
- Good to know
- Texas sets the 2012 IRC as the baseline only inside city limits, and cities may adopt newer editions. Outside city limits, ask your county what rules apply.
Compare building codes in all 50 states
Frost line depth in Texas
- Who sets it
- Local building department
- Local examples
- City of Houston: 6 in.
City of Austin: 0 (2007 ordinance adopting the 2006 IRC; confirm the current value with the city)
City of Dallas: 12 in. minimum footing depth below undisturbed ground (amended R403.1.4) - Typical range
- 0-6 in. frost-line entries (Austin, Houston)
- Good to know
- Austin's 0 comes from a 2007 ordinance (20071018-089) under the 2006 IRC, and the city now uses a newer code, so confirm with the city. Panhandle cities such as Amarillo and Lubbock aren't listed, so check with them directly.
Frost line depth in every state
Retaining wall permits in Texas
- Permit exemption
- Set locally
- Who decides
- Your city decides inside city limits.
- Good to know
- What applies outside city limits isn't confirmed, so check locally before you build.
Retaining wall permit rules in every state
811 dig law in Texas
- One-call center
- Texas 811
- Notice before digging
- At least 48 hours (excluding Saturdays, Sundays and legal holidays) and not earlier than 14 days before excavation
- Ticket good for
- Routine locate tickets expire in 14 working days (Railroad Commission pipeline rules, 16 TAC ch. 18)
- Hand-dig zone
- Half the pipe's nominal diameter plus at least 18 in. on either side of the outside edge (pipeline rule, 16 TAC ch. 18)
- Homeowners
- Texas 811 says Texas law requires homeowners to contact 811 two business days before digging, 'even if you're working in your own backyard.' The Utilities Code (ch. 251) covers only explosives or powered/mechanized equipment disturbing soil 16 in. or deeper, and exempts agricultural operations on private property and owners/lessees who operate all underground facilities at the site. The Railroad Commission pipeline rule (16 TAC ch. 18) covers 'movement of earth by any means,' including fence posts, stakes and hand tools, but does not apply to earth movement no deeper than 16 in.
- The law
- Tex. Util. Code ch. 251; 16 Tex. Admin. Code ch. 18 (pipelines)
- Good to know
- Two rules overlap: the Utilities Code (powered equipment or explosives, 16 in. or deeper) and the Railroad Commission pipeline rule, which counts hand tools but not earth movement 16 in. deep or less. The ticket life and hand-dig zone come from the pipeline rule.
Drainage law and stormwater permits in Texas
- Rule
- Civil law (natural flow)
- The rule
- Statutory natural-flow rule: Texas Water Code 11.086 makes it actionable to divert or impound the natural flow of surface waters, or permit a diversion or impounding to continue, in a manner that damages another's property by overflow. (Label assigned from the statute; Texas common law was not researched.)
- Leading case
- Family Dollar Stores of Texas, LLC v. JLMH Investments, LLC. Tex. S. Ct. No. 24-0543 (June 26, 2026) (applying Tex. Water Code 11.086; claims held time-barred under the two-year limitations period); see also Michaelski v. Wright, Tex. App.-Houston [1st Dist.] No. 01-13-00490-CV (Aug. 7, 2014)
- What it means for your yard
- If your regrading, berm, wall or patio diverts or dams the natural flow of rainwater so it overflows onto your neighbor's property and damages it, you can be liable under state law. In 2026 the Texas Supreme Court applied a two-year deadline to these claims, and the clock can start when the flooding first happens.
- State statute
- Texas Water Code 11.086 governs diffuse surface water ('No person may divert or impound the natural flow of surface waters in this state'). Water in a defined channel, ditch or pipe, and floodwater, are treated differently (Michaelski).
- Construction stormwater permit
- Texas Commission on Environmental Quality (TCEQ): 1 acre or more (or part of a common plan): small sites of 1 to under 5 acres follow TXR150000 with an SWP3 and posted site notice (no NOI or fee); large sites of 5 acres or more file an NOI
- State rules below 1 acre
- No statewide rule below the 1-acre permit found; check your county and town.
- Local rules
- Texas cities and counties often have their own grading, drainage and floodplain rules for residential projects.
- Good to know
- Texas law bars diverting or damming the natural flow of rainwater in a way that floods a neighbor. The deadline to sue is generally two years and can start running when the flooding first happens. State construction stormwater rules start at 1 acre.
Contractor licensing in Texas
- Statewide rule
- No statewide requirement (local)
- Who needs it
- No state general contractor or home improvement license; the state licensing agency (TDLR) licenses specific trades only.
- Licensed separately
- Electricians and air conditioning/refrigeration contractors are licensed by TDLR.
- Good to know
- Plumbers are licensed by a separate state board. Check with your city for any local contractor registration.
Contractor license requirements in every state
Contractor deposits and your right to cancel in Texas
- Deposit limit
- No statewide cap. A contractor with a written contract over $5,000 to build improvements on a residential homestead must deposit the owner's payments (trust funds) in a separate construction account at a financial institution (Tex. Prop. Code § 162.006).
- Right to cancel
- Home solicitation transactions (merchant personally solicits and the consumer agrees away from the merchant's place of business; goods or services over $25, real property over $100): may cancel until midnight of the third business day after signing (Tex. Bus. & Com. Code §§ 601.002, 601.051).
- Other protections
- Payments on homestead improvement contracts over $5,000 must go into a designated construction account (Tex. Prop. Code § 162.006, Texas Construction Trust Fund Act).
- The law
- Tex. Bus. & Com. Code ch. 601 (Cancellation of Certain Consumer Transactions); Tex. Prop. Code § 162.006 (residential construction accounts)
- Good to know
- Texas doesn't cap deposits, but on a homestead improvement contract over $5,000 your payments must go into a separate construction account. Ask the contractor to confirm the account in writing.
Contractor deposit limits in every state
Mechanics lien deadlines in Texas
- Lien deadline (prime)
- Residential: file the lien affidavit by the 15th day of the 3rd month after the month the original contract was completed, terminated or abandoned (4th month on other projects); send a copy to the owner within 5 days after filing (Tex. Prop. Code §§ 53.052(a), 53.055). Homestead affidavits must carry the 'NOTICE: THIS IS NOT A LIEN' heading (§ 53.254).
- Lien deadline (sub/supplier)
- Residential: by the 15th day of the 3rd month after the month the claimant last furnished labor or materials; send copies to the owner and original contractor within 5 days (Tex. Prop. Code §§ 53.052(c), 53.055). Retainage claims: 15th day of the 3rd month after the month the original contract ended (§ 53.052(d)).
- Preliminary notice (sub/supplier)
- Required: Notice of Claim for Unpaid Labor or Materials to the owner and original contractor by the 15th day of the 2nd month after the month the work or materials were provided (residential; 3rd month on other projects). On a homestead the notice must include the statutory homestead statement (Tex. Prop. Code §§ 53.056, 53.254).
- Notice of intent
- Not required beyond the notice of claim above.
- Enforce within
- Suit within 1 year after the last day the lien affidavit could have been filed; owner and claimant may extend by recorded written agreement up to 2 years after filing (Tex. Prop. Code § 53.158).
- Homeowner rules
- A homestead lien needs a written contract signed before work starts (by both spouses if married) and filed with the county clerk (Tex. Prop. Code § 53.254). An owner who keeps 10% of the contract price in reserve during the work and for 30 days after completion, and withholds payment after receiving a sub's or supplier's notice of claim, is generally not liable to subs and suppliers beyond those amounts (§§ 53.081, 53.084, 53.101).
- The law
- Tex. Prop. Code Ch. 53 (Mechanic's, Contractor's, or Materialman's Liens); Subch. K, Residential Construction Projects
- Good to know
- Texas home jobs run on short monthly deadlines: subs must notify the owner and general contractor by the 15th of the second month after each month of unpaid work. A lien on a homestead also needs a written contract signed before work starts.
Mechanics lien deadlines in every state
Workers' comp requirements in Texas
- Who must carry it
- Coverage is elective for most private employers; those without it are 'non-subscribers' (TDI-DWC). Exception for construction: on a building or construction project for a governmental entity, each person working on the site or providing services for the project must have comp coverage, and the contractor must post DWC Notice 8 (28 TAC § 110.110; TDI-DWC Notice 8; Tex. Lab. Code § 406.096). Governmental entities themselves must have coverage.
- Owners and officers
- Coverage is elective in most private businesses. When a business elects coverage, its sole proprietor, partners and corporate executive officers are covered as employees unless specifically excluded by an endorsement to the policy (Tex. Lab. Code § 406.097, via texas.public.law).
- Subcontractors
- No general duty to insure subs. A general contractor and subcontractor can sign a written agreement under which the GC provides coverage, which makes the GC the employer of the sub and its employees for comp purposes (Tex. Lab. Code § 406.123, via texas.public.law). On government construction projects, everyone working on the site must be covered (28 TAC § 110.110).
- Penalties
- No penalty for choosing not to carry coverage, but non-subscribers must post a notice of no coverage (Notice 5), give written notice to new employees, and file a notice with DWC after hiring the first employee and each year between Feb. 1 and Apr. 30 (TDI-DWC). In an injury lawsuit, a non-subscriber can't argue contributory negligence, assumption of risk or a co-worker's negligence (Tex. Lab. Code § 406.033, via texas.public.law).
- The law
- Tex. Lab. Code Ch. 406; §§ 406.002, 406.005, 406.033, 406.096, 406.097, 406.123; 28 TAC § 110.110
- State agency
- Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC)
- Good to know
- Texas doesn't require most private businesses to carry workers' comp, but contractors on government construction jobs must. If you go without it, you must notify workers and the state, and you lose key defenses if an injured worker sues.
Workers' comp requirements in every state
Planting zones in Texas
- 2023 USDA zones
- 6b to 10b
- Coldest-night range
- −5°F to 40°F
- Coldest area
- The northwest Panhandle around Dalhart
- Warmest area
- South Padre Island and the lower Rio Grande Valley coast
- Example cities
- Houston: 9b, Dallas: 8b, San Antonio: 9a, Austin: 9a
- Local plant advice
- Texas A&M AgriLife Extension
- Good to know
- Every Texas location is 2 to 4°F warmer on the 2023 map than on the 2012 map. College Station moved from 8b to 9a and Corpus Christi from 9b to 10a, while Dalhart in the northwest Panhandle stayed at 6b.
Frost dates in Texas
| Station | Last spring frost | First fall frost | Frost-free days |
|---|---|---|---|
| Houston Southeast Texas (Bush Intercontinental airport station) | February 13 | December 9 | 300 |
| Dallas-Fort Worth North Texas | March 8 | November 24 | 262 |
| Amarillo Panhandle | April 13 | October 27 | 195 |
| Brownsville Lower Rio Grande Valley. Freezes only in some winters: NOAA gives this station a 365-day typical frost-free season, and both typical dates fall in early January. | January 6 | January 2 (next year) | 365 |
- Typical range
- Last frost mid-Feb (Houston) to mid-Apr (Amarillo); first frost late Oct (Amarillo) to early Dec (Houston); Brownsville freezes only in some winters (NCEI's 50% dates both fall in early Jan and its 50% freeze-free season is 365 days)
- Good to know
- These are typical (50%) dates from NOAA's 1991–2020 climate normals, so about half of years still bring a 32°F night after the listed spring date. In Texas, the last spring frost at the stations listed ranges from mid-February around Houston to mid-April around Amarillo; Brownsville freezes only in some winters. The linked Texas A&M AgriLife guide is for the Austin area and uses 10-year averages from Austin weather stations, so its dates differ from these.
- Local frost or planting guide
- Texas A&M AgriLife Extension Service
Frequently Asked Questions
What building code does Texas use?
2012 International Residential Code (as it existed May 1, 2012) as the municipal residential building code; cities may adopt later editions and local amendments. It applies as follows: statewide for some areas only. Your local building department can confirm the edition and amendments for your address.
How deep is the frost line in Texas?
Frost depth is set by local building departments. Typical local values: 0-6 in. frost-line entries (Austin, Houston). Footings for houses, additions and attached decks go below it.
How much can a contractor ask for up front in Texas?
No statewide cap. A contractor with a written contract over $5,000 to build improvements on a residential homestead must deposit the owner’s payments (trust funds) in a separate construction account at a financial institution (Tex. Prop. Code § 162.006). Cancel rights: Home solicitation transactions (merchant personally solicits and the consumer agrees away from the merchant’s place of business; goods or services over $25, real property over $100): may cancel until midnight of the third business day after signing (Tex. Bus. & Com. Code §§ 601.002, 601.051).
How long does a contractor have to file a mechanics lien in Texas?
Residential: file the lien affidavit by the 15th day of the 3rd month after the month the original contract was completed, terminated or abandoned (4th month on other projects); send a copy to the owner within 5 days after filing (Tex. Prop. Code §§ 53.052(a), 53.055). Homestead affidavits must carry the ‘NOTICE: THIS IS NOT A LIEN’ heading (§ 53.254). Subcontractors and suppliers may have different notice rules; see the section above.
What planting zone is Texas?
On the 2023 USDA map, Texas runs from zone 6b to 10b. Examples: Houston 9b, Dallas 8b, San Antonio 9a. Enter your ZIP on the USDA map for your exact zone.
Do contractors need workers' comp in Texas?
Coverage is elective for most private employers; those without it are ‘non-subscribers’ (TDI-DWC). Exception for construction: on a building or construction project for a governmental entity, each person working on the site or providing services for the project must have comp coverage, and the contractor must post DWC Notice 8 (28 TAC § 110.110; TDI-DWC Notice 8; Tex. Lab. Code § 406.096). Governmental entities themselves must have coverage. Owner exemptions and subcontractor rules are in the workers’ comp section above.
When is the last frost in Texas?
At the NOAA stations we list: Last frost mid-Feb (Houston) to mid-Apr (Amarillo); first frost late Oct (Amarillo) to early Dec (Houston); Brownsville freezes only in some winters (NCEI’s 50% dates both fall in early Jan and its 50% freeze-free season is 365 days). These are typical (50%) dates from the 1991–2020 climate normals, so about half of years still bring a 32°F night after the spring date.
This page is general information, not legal or tax advice. Rules change; the agencies and statutes linked above have the final word.
Texas in each 50-state guide: Frost line depth · 811 dig laws · Retaining wall permits · Contractor licensing · Contractor deposit limits · Building codes · Planting zones · Mechanics lien deadlines · Workers' comp · Frost dates · Drainage laws · Noxious weed laws · Rainfall and snowfall · Landscaper pay · Pesticide applicator licensing · Landscaping sales tax · All state guides
Soil: Texas’s most common soils, state soil, and how much ground is wet, clayey or shallow to bedrock by county. Texas soil types
Last checked October 31 and November 1, 2026 against official state and local sources for this state. Rules change; your state agency or local building department has the final word. Spot something out of date? Email info@muthlerlandscaping.com and we’ll fix it.
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Cite as: Muthler Landscaping & Construction, “Texas Building Codes, Permits and Contractor Rules,” https://muthlerlandscaping.com/state-guides/texas/ (last checked November 12, 2026).
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