By Wilson                                               H.B. No. 53

      75R208 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to adverse possession of real property.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 16.021, Civil Practice and Remedies Code,

 1-5     is amended to read as follows:

 1-6           Sec. 16.021.  ADVERSE POSSESSION ABOLISHED.  (a)  The

 1-7     doctrine of adverse possession is abolished.

 1-8           (b)  There is not a limitations period applicable to an

 1-9     action for recovery of real property.  [DEFINITIONS.  In this

1-10     subchapter:]

1-11                 [(1)  "Adverse possession" means an actual and visible

1-12     appropriation of real property, commenced and continued under a

1-13     claim of right that is inconsistent with and is hostile to the

1-14     claim of another person.]

1-15                 [(2)  "Color of title" means a consecutive chain of

1-16     transfers to the person in possession that:]

1-17                       [(A)  is not regular because of a muniment that

1-18     is not properly recorded or is only in writing or because of a

1-19     similar defect that does not want of intrinsic fairness or honesty;

1-20     or]

1-21                       [(B)  is based on a certificate of headright,

1-22     land warrant, or land scrip.]

1-23                 [(3)  "Peaceable possession" means possession of real

1-24     property that is continuous and is not interrupted by an adverse

 2-1     suit to recover the property.]

 2-2                 [(4)  "Title" means a regular chain of transfers of

 2-3     real property from or under the sovereignty of the soil.]

 2-4           SECTION 2.  Section 16.061(a), Civil Practice and Remedies

 2-5     Code, is amended to read as follows:

 2-6           (a)  A right of action of this state, a county, an

 2-7     incorporated city or town, a navigation district, a port authority,

 2-8     an entity acting under Chapter 341, Acts of the 57th Legislature,

 2-9     Regular Session, 1961 (Article 1187f, Vernon's Texas Civil

2-10     Statutes), or a school district is not barred by any of the

2-11     following sections:  16.001-16.004, 16.006, 16.007, [16.021-16.028,

2-12     16.030-16.032,] 16.035-16.037, 16.051, 16.062, 16.063,

2-13     16.065-16.067, 16.070, 16.071, 31.006, or 71.021.

2-14           SECTION 3.  Section 281.002, Transportation Code, is amended

2-15     to read as follows:

2-16           Sec. 281.002.  ACQUISITION OF PUBLIC INTEREST IN PRIVATE

2-17     ROAD.  A county may acquire a public interest in a private road

2-18     only by:

2-19                 (1)  purchase;

2-20                 (2)  condemnation; or

2-21                 (3)  dedication[; or]

2-22                 [(4)  a court's final judgment of adverse possession].

2-23           SECTION 4.  The following laws are repealed:

2-24                 (1)  Sections 16.022, 16.023, 16.024, 16.025, 16.026,

2-25     16.027, 16.028, 16.029, 16.030, 16.031, 16.032, and 16.034, Civil

2-26     Practice and Remedies Code;

2-27                 (2)  Section 263.054, Local Government Code; and

 3-1                 (3)  Section 281.004, Transportation Code.

 3-2           SECTION 5.  (a)  This Act takes effect September 1, 1997.

 3-3           (b)  With respect to an action for the recovery of real

 3-4     property brought against a person possessing the real property,

 3-5     this Act applies only to an action in which the adverse possession

 3-6     of the property began on or after September 1, 1997.  An action for

 3-7     the recovery of real property in which adverse possession of the

 3-8     property began before September 1, 1997, is governed by the law as

 3-9     it existed before that date, and that law is continued in effect

3-10     for that purpose.

3-11           SECTION 6.  The importance of this legislation and the

3-12     crowded condition of the calendars in both houses create an

3-13     emergency and an imperative public necessity that the

3-14     constitutional rule requiring bills to be read on three several

3-15     days in each house be suspended, and this rule is hereby suspended.