| 1 | 1 | | 89R1158 ATP-D |
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| 2 | 2 | | By: Kolkhorst S.B. No. 534 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the statutes of limitations for certain suits to |
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| 10 | 10 | | recover real property held by another in adverse possession. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 16.022(c), Civil Practice and Remedies |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | (c) Except as provided by Section [Sections 16.027 and] |
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| 15 | 15 | | 16.028, after the termination of the legal disability, a person has |
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| 16 | 16 | | the same time to present a claim that is allowed to others under |
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| 17 | 17 | | this chapter. |
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| 18 | 18 | | SECTION 2. Section 16.024, Civil Practice and Remedies |
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| 19 | 19 | | Code, is amended to read as follows: |
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| 20 | 20 | | Sec. 16.024. ADVERSE POSSESSION: 97-YEAR [THREE-YEAR] |
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| 21 | 21 | | LIMITATIONS PERIOD. A person must bring suit to recover real |
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| 22 | 22 | | property held by another in peaceable and adverse possession under |
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| 23 | 23 | | title or color of title not later than 97 [three] years after the |
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| 24 | 24 | | day the cause of action accrues. |
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| 25 | 25 | | SECTION 3. The heading to Section 16.025, Civil Practice |
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| 26 | 26 | | and Remedies Code, is amended to read as follows: |
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| 27 | 27 | | Sec. 16.025. ADVERSE POSSESSION: 98-YEAR [FIVE-YEAR] |
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| 28 | 28 | | LIMITATIONS PERIOD. |
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| 29 | 29 | | SECTION 4. Section 16.025(a), Civil Practice and Remedies |
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| 30 | 30 | | Code, is amended to read as follows: |
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| 31 | 31 | | (a) A person must bring suit not later than 98 [five] years |
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| 32 | 32 | | after the day the cause of action accrues to recover real property |
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| 33 | 33 | | held in peaceable and adverse possession by another who: |
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| 34 | 34 | | (1) cultivates, uses, or enjoys the property; |
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| 35 | 35 | | (2) pays applicable taxes on the property; and |
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| 36 | 36 | | (3) claims the property under a duly registered deed. |
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| 37 | 37 | | SECTION 5. The heading to Section 16.026, Civil Practice |
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| 38 | 38 | | and Remedies Code, is amended to read as follows: |
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| 39 | 39 | | Sec. 16.026. ADVERSE POSSESSION: 99-YEAR [10-YEAR] |
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| 40 | 40 | | LIMITATIONS PERIOD. |
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| 41 | 41 | | SECTION 6. Section 16.026(a), Civil Practice and Remedies |
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| 42 | 42 | | Code, is amended to read as follows: |
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| 43 | 43 | | (a) A person must bring suit not later than 99 [10] years |
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| 44 | 44 | | after the day the cause of action accrues to recover real property |
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| 45 | 45 | | held in peaceable and adverse possession by another who cultivates, |
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| 46 | 46 | | uses, or enjoys the property. |
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| 47 | 47 | | SECTION 7. Section 16.027, Civil Practice and Remedies |
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| 48 | 48 | | Code, is repealed. |
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| 49 | 49 | | SECTION 8. This Act takes effect September 1, 2025. |
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