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.