By Wilson H.B. No. 1454
76R6287 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 or a political
2-7 subdivision of the state, including a county, an incorporated city
2-8 or town, a navigation district, a municipal utility district, a
2-9 port authority, an entity acting under Chapter 341, Acts of the
2-10 57th Legislature, Regular Session, 1961 (Article 1187f, Vernon's
2-11 Texas Civil Statutes), a school district, or an entity created
2-12 under Section 52, Article III, or Section 59, Article XVI, Texas
2-13 Constitution, is not barred by any of the following sections:
2-14 16.001-16.004, 16.006, 16.007, [16.021-16.028, 16.030-16.032,]
2-15 16.035-16.037, 16.051, 16.062, 16.063, 16.065-16.067, 16.070,
2-16 16.071, 31.006, or 71.021.
2-17 SECTION 3. Section 281.002, Transportation Code, is amended
2-18 to read as follows:
2-19 Sec. 281.002. ACQUISITION OF PUBLIC INTEREST IN PRIVATE
2-20 ROAD. A county may acquire a public interest in a private road
2-21 only by:
2-22 (1) purchase;
2-23 (2) condemnation; or
2-24 (3) dedication[; or]
2-25 [(4) a court's final judgment of adverse possession].
2-26 SECTION 4. The following laws are repealed:
2-27 (1) Sections 16.022, 16.023, 16.024, 16.025, 16.026,
3-1 16.027, 16.028, 16.029, 16.030, 16.031, 16.032, 16.033, and 16.034,
3-2 Civil Practice and Remedies Code;
3-3 (2) Section 263.054, Local Government Code; and
3-4 (3) Section 281.004, Transportation Code.
3-5 SECTION 5. (a) This Act takes effect September 1, 1999.
3-6 (b) With respect to an action for the recovery of real
3-7 property brought against a person possessing the real property,
3-8 this Act applies only to an action in which the adverse possession
3-9 of the property began on or after September 1, 1999. An action for
3-10 the recovery of real property in which adverse possession of the
3-11 property began before September 1, 1999, is governed by the law as
3-12 it existed before that date, and that law is continued in effect
3-13 for that purpose.
3-14 SECTION 6. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.