LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 22, 2009 TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB556 by Kuempel (Relating to payment of attorney's fees in certain actions to recover possession of real property.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code relating to payment of attorney's fees in certain actions to recover possession of real property. The bill would require a court to award costs and reasonable attorney's fees to the prevailing party, rather than making such awards permissive. The costs and fees would be awarded only if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith. The court may also award costs and fees to the prevailing party in the absence of a finding of adverse possession. The bill would take effect September 1, 2009. Local Government Impact No significant fiscal implication to units of local government is anticipated. In a suit for the possession of real property, the bill would require payments of costs and reasonable attorneys fees to the prevailing party. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: JOB, KJG, TB, MN, TP, JP
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 22, 2009
TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB556 by Kuempel (Relating to payment of attorney's fees in certain actions to recover possession of real property.), Committee Report 2nd House, Substituted
TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB556 by Kuempel (Relating to payment of attorney's fees in certain actions to recover possession of real property.), Committee Report 2nd House, Substituted
Honorable Robert Duncan, Chair, Senate Committee on State Affairs
Honorable Robert Duncan, Chair, Senate Committee on State Affairs
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB556 by Kuempel (Relating to payment of attorney's fees in certain actions to recover possession of real property.), Committee Report 2nd House, Substituted
HB556 by Kuempel (Relating to payment of attorney's fees in certain actions to recover possession of real property.), Committee Report 2nd House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code relating to payment of attorney's fees in certain actions to recover possession of real property. The bill would require a court to award costs and reasonable attorney's fees to the prevailing party, rather than making such awards permissive. The costs and fees would be awarded only if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith. The court may also award costs and fees to the prevailing party in the absence of a finding of adverse possession. The bill would take effect September 1, 2009.
The bill would amend the Civil Practice and Remedies Code relating to payment of attorney's fees in certain actions to recover possession of real property.
The bill would require a court to award costs and reasonable attorney's fees to the prevailing party, rather than making such awards permissive. The costs and fees would be awarded only if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith. The court may also award costs and fees to the prevailing party in the absence of a finding of adverse possession.
The bill would take effect September 1, 2009.
Local Government Impact
No significant fiscal implication to units of local government is anticipated. In a suit for the possession of real property, the bill would require payments of costs and reasonable attorneys fees to the prevailing party.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: JOB, KJG, TB, MN, TP, JP
JOB, KJG, TB, MN, TP, JP