| |
| |
|
|
|
|
|
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. |