S.B. No. 539

	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.  With respect to a lien or claim arising out of a
	residential construction contract, the court is not required to
	order the property owner to pay costs and attorney's fees under this
	section.
	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 539 passed the Senate on
	March 17, 2011, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 2, 2011, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 539 passed the House, with
	amendment, on April 20, 2011, by the following vote: Yeas 141,
	Nays 3, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor