Texas House Bill HB4153

Texas 2017 - 85th Regular

Caption

Relating to certain suits concerning real property.

Impact

One of the highlights of HB4153 is the introduction of provisions that allow individuals to bring suits for declaratory relief concerning boundary lines without being restricted by the limitations period. This is a significant change, as it allows property owners to resolve boundary disputes more effectively and without the fear of being barred due to the passage of time. Additionally, the bill permits plaintiffs to combine actions for trespass and boundary determination within the same legal proceeding, which could streamline the process and minimize procedural hurdles.

Summary

House Bill 4153 seeks to modify current laws regarding suits related to real property, particularly focusing on trespass and boundary disputes. The bill proposes amendments to the Civil Practice and Remedies Code, introducing a new provision clarifying that the limitations period for trespass suits applies only to damages arising from such trespass rather than the broader range of trespass cases. This aims to limit the scope of the statute of limitations, allowing for specific legal actions that are currently barred due to limitation constraints.

Contention

The bill might face contention since revisions to property laws often stir debates around property rights and the potential for misuse. Critics may argue that easing limitations on trespass actions could lead to an increase in frivolous lawsuits, while supporters claim it provides necessary clarifications that protect property owners' rights. The bill is intended to rectify perceived gaps in the law by ensuring that property disputes can be addressed promptly and thoroughly without being obstructed by outdated limitation statutes.