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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of costs and attorney's fees in certain |
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proceedings concerning mechanic's, contractor's, or materialman's |
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liens. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.156, Property Code, is amended to |
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read as follows: |
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Sec. 53.156. COSTS AND ATTORNEY'S FEES. In any proceeding |
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to foreclose a lien or to enforce a claim against a bond issued |
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under Subchapter H, I, or J or in any proceeding to declare that any |
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lien or claim is invalid or unenforceable in whole or in part, the |
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court shall [may] award costs and reasonable attorney's fees as are |
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equitable and just. |
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SECTION 2. The change in law made by this Act applies only |
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to a proceeding commenced on or after the effective date of this |
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Act. A proceeding commenced before the effective date of this Act |
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is governed by the law applicable to the proceeding immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |