By: Carona S.B. No. 539
 
  (Kleinschmidt)
 
   
 
 
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.