By Wentworth                                     S.B. No. 309

      75R74 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a prohibition on recovery of damages in certain suits

 1-3     for slander of title to real property.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Title 4, Property Code, is amended by adding

 1-6     Chapter 30 to read as follows:

 1-7                        CHAPTER 30.  SLANDER OF TITLE

 1-8           Sec. 30.001.  UNENFORCEABLE LIEN.  A person may not recover

 1-9     damages in a suit for slander of title to real property alleging

1-10     that a lien filed against the property creates a cloud on the title

1-11     to the property if the lien is not enforceable against the

1-12     property.

1-13           SECTION 2.  This Act takes effect September 1, 1997.  The

1-14     change in law made by this Act applies only to a suit for slander

1-15     of title filed on or after the effective date of this Act.  A suit

1-16     for slander of title filed before the effective date of this Act is

1-17     covered by the law in effect when the suit was filed, and the

1-18     former law is continued in effect for that purpose.

1-19           SECTION 3.  The importance of this legislation and the

1-20     crowded condition of the calendars in both houses create an

1-21     emergency and an imperative public necessity that the

1-22     constitutional rule requiring bills to be read on three several

1-23     days in each house be suspended, and this rule is hereby suspended.