By Lewis of Tarrant H.B. No. 1905
75R6286 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to permitting the filing of a lis pendens during the
1-3 pendency of certain proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 12.007(a) and (b), Property Code, are
1-6 amended to read as follows:
1-7 (a) After the plaintiff's statement in an eminent domain
1-8 proceeding is filed, during the pendency of a municipal
1-9 administrative proceeding to enforce the municipality's police or
1-10 regulatory power involving real property, or during the pendency of
1-11 an action involving title to real property, the establishment of an
1-12 interest in real property, or the enforcement of an encumbrance
1-13 against real property, a party to the action who is seeking
1-14 affirmative relief may file for record with the county clerk of
1-15 each county where a part of the property is located a notice that
1-16 the action is pending.
1-17 (b) The party filing a lis pendens or the party's agent or
1-18 attorney shall sign the lis pendens, which must state:
1-19 (1) the style and number, if any, of the proceeding;
1-20 (2) the court in which or the municipal entity before
1-21 which the proceeding is pending;
1-22 (3) the names of the parties;
1-23 (4) the kind of proceeding; and
1-24 (5) a description of the property affected.
2-1 SECTION 2. (a) This Act takes effect September 1, 1997.
2-2 (b) The change in law made by this Act applies only to a
2-3 municipal administrative proceeding that begins on or after the
2-4 effective date of this Act.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.