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By: Kuempel (Senate Sponsor - Harris) |
H.B. No. 556 |
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(In the Senate - Received from the House May 11, 2009; |
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May 11, 2009, read first time and referred to Committee on State |
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Affairs; May 23, 2009, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 9, Nays 0; |
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May 23, 2009, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 556 |
By: Harris |
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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, if the prevailing party recovers possession |
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of the property from a person unlawfully in actual possession, the |
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court: |
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(1) shall [may] award costs and reasonable attorney's |
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fees to the prevailing party if the court finds that the person |
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unlawfully in actual possession made a claim of adverse possession |
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that was groundless and made in bad faith; and |
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(2) may award costs and reasonable attorney's fees to |
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the prevailing party in the absence of a finding described by |
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Subdivision (1). |
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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. |
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