82R905 NC-D
 
  By: Kleinschmidt H.B. No. 346
 
 
 
 
A BILL TO BE ENTITLED
 
 
AN ACT
 
  relating to the award of costs and attorney's fees in certain
 
  proceedings concerning mechanic's, contractor's, or materialman's
 
  liens.
         
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  Section 53.156, Property Code, is amended to
 
  read as follows:
         
         Sec. 53.156.  COSTS AND ATTORNEY'S FEES. In any proceeding
 
  to foreclose a lien or to enforce a claim against a bond issued
 
  under Subchapter H, I, or J or in any proceeding to declare that any
 
  lien or claim is invalid or unenforceable in whole or in part, the
 
  court shall [may] award costs and reasonable attorney's fees as are
 
  equitable and just.
         
         SECTION 2.  The change in law made by this Act applies only
 
  to a proceeding commenced on or after the effective date of this
 
  Act. A proceeding commenced before the effective date of this Act
 
  is governed by the law applicable to the proceeding immediately
 
  before the effective date of this Act, and the former law is
 
  continued in effect for that purpose.
         
         SECTION 3.  This Act takes effect September 1, 2011.