By:  Zaffirini                                                            S.B. No. 79



A BILL TO BE ENTITLED

AN ACT

relating to the ability of a person to acquire title to certain real 
property through adverse possession.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 16, Civil Practice and 
Remedies Code, is amended by adding Section 16.0285 to read as 
follows:
	Sec. 16.0285.  ACTIONS NOT BARRED.  An action for the 
recovery of real property held in peaceable and adverse possession 
by another is not barred under this chapter at any time if the 
person bringing the action:
		(1)  holds title to the real property; and                             
		(2)  has, from the time the person acquired title until 
the time the action is filed, continuously paid the ad valorem taxes 
imposed on the property as they were due.
	SECTION 2.  Section 16.026(a), Civil Practice and Remedies 
Code, is amended to read as follows:
	(a)  A person must bring suit not later than 10 years after 
the day the cause of action accrues to recover real property held in 
peaceable and adverse possession by another who cultivates, uses, 
or enjoys the property, unless Section 16.0285 applies.
	SECTION 3.  Section 16.027, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 16.027.  ADVERSE POSSESSION: 25-YEAR LIMITATIONS 
PERIOD NOTWITHSTANDING DISABILITY. A person, regardless of whether 
the person is or has been under a legal disability, must bring suit 
not later than 25 years after the day the cause of action accrues to 
recover real property held in peaceable and adverse possession by 
another who cultivates, uses, or enjoys the property, unless 
Section 16.0285 applies.
	SECTION 4.  This Act takes effect September 1, 2003, and 
applies only to a cause of action that accrues on or after that 
date.  A cause of action that accrues before the effective date of 
this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.