| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 82R905 NC-D | |
| 2 | 2 | By: Kleinschmidt H.B. No. 346 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the award of costs and attorney's fees in certain | |
| 8 | 8 | proceedings concerning mechanic's, contractor's, or materialman's | |
| 9 | 9 | liens. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Section 53.156, Property Code, is amended to | |
| 12 | 12 | read as follows: | |
| 13 | 13 | Sec. 53.156. COSTS AND ATTORNEY'S FEES. In any proceeding | |
| 14 | 14 | to foreclose a lien or to enforce a claim against a bond issued | |
| 15 | 15 | under Subchapter H, I, or J or in any proceeding to declare that any | |
| 16 | 16 | lien or claim is invalid or unenforceable in whole or in part, the | |
| 17 | 17 | court shall [may] award costs and reasonable attorney's fees as are | |
| 18 | 18 | equitable and just. | |
| 19 | 19 | SECTION 2. The change in law made by this Act applies only | |
| 20 | 20 | to a proceeding commenced on or after the effective date of this | |
| 21 | 21 | Act. A proceeding commenced before the effective date of this Act | |
| 22 | 22 | is governed by the law applicable to the proceeding immediately | |
| 23 | 23 | before the effective date of this Act, and the former law is | |
| 24 | 24 | continued in effect for that purpose. | |
| 25 | 25 | SECTION 3. This Act takes effect September 1, 2011. |