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.