82R905 NC-D
By: Kleinschmidt H.B. No. 346
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.