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AN ACT
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relating to the award of costs and attorney's fees in certain |
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proceedings concerning mechanic's, contractor's, or materialman's |
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liens. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.156, Property Code, is amended to |
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read as follows: |
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Sec. 53.156. COSTS AND ATTORNEY'S FEES. In any proceeding |
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to foreclose a lien or to enforce a claim against a bond issued |
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under Subchapter H, I, or J or in any proceeding to declare that any |
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lien or claim is invalid or unenforceable in whole or in part, the |
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court shall [may] award costs and reasonable attorney's fees as are |
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equitable and just. With respect to a lien or claim arising out of a |
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residential construction contract, the court is not required to |
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order the property owner to pay costs and attorney's fees under this |
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section. |
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SECTION 2. The change in law made by this Act applies only |
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to a proceeding commenced on or after the effective date of this |
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Act. A proceeding commenced before the effective date of this Act |
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is governed by the law applicable to the proceeding immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 539 passed the Senate on |
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March 17, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 2, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 539 passed the House, with |
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amendment, on April 20, 2011, by the following vote: Yeas 141, |
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Nays 3, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |