| 1 | 1 | | H.B. No. 556 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to payment of attorney's fees in certain actions to |
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| 6 | 6 | | recover possession of real property. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 16.034(a), Civil Practice and Remedies |
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| 9 | 9 | | Code, is amended to read as follows: |
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| 10 | 10 | | (a) In a suit for the possession of real property between a |
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| 11 | 11 | | person claiming under record title to the property and one claiming |
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| 12 | 12 | | by adverse possession, if the prevailing party recovers possession |
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| 13 | 13 | | of the property from a person unlawfully in actual possession, the |
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| 14 | 14 | | court: |
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| 15 | 15 | | (1) shall [may] award costs and reasonable attorney's |
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| 16 | 16 | | fees to the prevailing party if the court finds that the person |
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| 17 | 17 | | unlawfully in actual possession made a claim of adverse possession |
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| 18 | 18 | | that was groundless and made in bad faith; and |
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| 19 | 19 | | (2) may award costs and reasonable attorney's fees to |
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| 20 | 20 | | the prevailing party in the absence of a finding described by |
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| 21 | 21 | | Subdivision (1). |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to a suit for the possession of real property filed on or after the |
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| 24 | 24 | | effective date of this Act. A suit filed before the effective date |
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| 25 | 25 | | of this Act is governed by the law in effect immediately before the |
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| 26 | 26 | | effective date of this Act, and that law is continued in effect for |
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| 27 | 27 | | that purpose. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 29 | 29 | | ______________________________ ______________________________ |
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| 30 | 30 | | President of the Senate Speaker of the House |
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| 31 | 31 | | I certify that H.B. No. 556 was passed by the House on May 8, |
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| 32 | 32 | | 2009, by the following vote: Yeas 131, Nays 1, 1 present, not |
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| 33 | 33 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 34 | 34 | | No. 556 on May 29, 2009, by the following vote: Yeas 136, Nays 0, 1 |
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| 35 | 35 | | present, not voting. |
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| 36 | 36 | | ______________________________ |
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| 37 | 37 | | Chief Clerk of the House |
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| 38 | 38 | | I certify that H.B. No. 556 was passed by the Senate, with |
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| 39 | 39 | | amendments, on May 26, 2009, by the following vote: Yeas 30, Nays |
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| 40 | 40 | | 1. |
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| 41 | 41 | | ______________________________ |
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| 42 | 42 | | Secretary of the Senate |
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| 43 | 43 | | APPROVED: __________________ |
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| 44 | 44 | | Date |
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| 45 | 45 | | __________________ |
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| 46 | 46 | | Governor |
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