BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1787

                                                                                                                                        By: Hartnett

                                                                                                                                              Judiciary

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Section 22.001 of the Property Code appears to make a trespass to try title case the exclusive method of determining title to land and other real property. The purpose of this bill is to permit a declaratory judgment action with respect to title to real property.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

The bill would permit a declaratory judgment with respect to title to lands, tenements and other real property notwithstanding Section 22.001 of the Property Code.

 

EFFECTIVE DATE

 

Immediately on receipt of required vote; otherwise September 1, 2007.