Thank you - this is helpful but I have not paid the original contractor - he won't take my check and wants me to pay the sub directly the amount the sub wants which is higher than the original bid.

You owe nothing directly to the subcontractor as you had no contract with the sub. Your liability under Texas law for the work is limited to the contract price that you had with the original contractor (the general contractor). You owe no more than that. So, if the original contractor will not take your money, keep it for now. If the subcontractor files suit, you can deposit the balance of the original contract price in the court's registry.

Thanks - great advice!