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A BILL TO BE ENTITLED
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AN ACT
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relating to payment of attorney's fees in certain actions to |
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recover possession of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.034(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) In a suit for the possession of real property between a |
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person claiming under record title to the property and one claiming |
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by adverse possession, the person claiming by adverse possession |
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shall pay the [if the prevailing party recovers possession of the
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property from a person unlawfully in actual possession, the court
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may award] costs and reasonable attorney's fees of the person |
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claiming possession under record title, regardless of who is [to] |
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the prevailing party. This subsection does not apply if the person |
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claiming by adverse possession retains possession of the property |
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based on a theory other than adverse possession. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit for the possession of real property filed on or after the |
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effective date of this Act. A suit filed before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |