81R2563 AJA-D
By: Kuempel H.B. No. 556
A BILL TO BE ENTITLED
AN ACT
relating to payment of attorney's fees in certain actions to
recover possession of real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.034(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) In a suit for the possession of real property between a
person claiming under record title to the property and one claiming
by adverse possession, the person claiming by adverse possession
shall pay the [if the prevailing party recovers possession of the
property from a person unlawfully in actual possession, the court
may award] costs and reasonable attorney's fees of the person
claiming possession under record title, regardless of who is [to]
the prevailing party. This subsection does not apply if the person
claiming by adverse possession retains possession of the property
based on a theory other than adverse possession.
SECTION 2. The change in law made by this Act applies only
to a suit for the possession of real property filed on or after the
effective date of this Act. A suit filed before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2009.