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AN ACT
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relating to payment of attorney's fees in certain actions to |
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recover possession of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.034(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) In a suit for the possession of real property between a |
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person claiming under record title to the property and one claiming |
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by adverse possession, if the prevailing party recovers possession |
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of the property from a person unlawfully in actual possession, the |
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court: |
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(1) shall [may] award costs and reasonable attorney's |
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fees to the prevailing party if the court finds that the person |
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unlawfully in actual possession made a claim of adverse possession |
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that was groundless and made in bad faith; and |
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(2) may award costs and reasonable attorney's fees to |
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the prevailing party in the absence of a finding described by |
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Subdivision (1). |
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SECTION 2. The change in law made by this Act applies only |
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to a suit for the possession of real property filed on or after the |
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effective date of this Act. A suit filed before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 556 was passed by the House on May 8, |
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2009, by the following vote: Yeas 131, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 556 on May 29, 2009, by the following vote: Yeas 136, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 556 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |