SRC-JLB, TJG S.B. 79 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 79
78R1475 AJA-DBy: Zaffirini
Jurisprudence
2/18/2003
As Filed


DIGEST AND PURPOSE 

Currently, landowners in rural counties often have a lack of access to the
land or do not often visit the property, or fencing may be in poor
condition.  Squatters and adjacent landowners sometimes begin using the
property as their own, causing the true landowner to lose title via
adverse possession.  As proposed, S.B. 79 amends the Civil Practice and
Remedies Code to allow a landowner who may lose property via adverse
possession to recover that property so long as he or she can demonstrate
clear title to the property and continued payment of ad valorem taxes on
said property. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 16B, Civil Practice and Remedies Code, by
adding Section 16.0285, as follows: 

Sec. 16.0285.  ACTIONS NOT BARRED.  Prohibits an action for the recovery
of real property held in peaceable and adverse possession by another from
being barred under this chapter at any time if the person bringing the
action meets certain requirements. 

SECTION 2.  Amends Section 16.026(a), Civil Practice and Remedies Code, by
including "unless Section 16.0285 applies" referring to the requirements
to bring suit. 

SECTION 3.  Amends Section 16.027, Civil Practice and Remedies Code, by
making a conforming change. 

SECTION 4.  Effective date: September 1, 2003.
            Makes application of this Act prospective.