LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
 
May 20, 2009

TO:
Honorable Robert Duncan, Chair, Senate Committee on State Affairs
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB556 by Kuempel (Relating to payment of attorney's fees in certain actions to recover possession of real property.), As Engrossed

No significant fiscal implication to the State is anticipated.

The bill would amend the Civil Practice and Remedies Code relating to payment of attorney's fees in certain actions to recover possession of real property.

The bill would require a court to award costs and reasonable attorney's fees to the prevailing party, rather than making such awards permissive. The costs and fees would be awarded only if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith.

The bill would take effect September 1, 2009.


Local Government Impact

No significant fiscal implication to units of local government is anticipated. In a suit for the possession of real property, the bill would require payments of costs and reasonable attorney’s fees to the prevailing party.


Source Agencies:
212 Office of Court Administration, Texas Judicial Council
LBB Staff:
JOB, KJG, TB, MN, TP, JP