Bill Text: TX HB4153 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to certain suits concerning real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to Judiciary & Civil Jurisprudence [HB4153 Detail]
Download: Texas-2017-HB4153-Introduced.html
| 85R12786 AJA-D | ||
| By: Krause | H.B. No. 4153 | |
|
|
||
|
|
||
| relating to certain suits concerning real property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 16.003, Civil Practice and Remedies | ||
| Code, is amended by adding Subsection (c) to read as follows: | ||
| (c) The limitations period prescribed by Subsection (a) for | ||
| a suit for trespass for injury to the estate applies only to a suit | ||
| for damages arising from the trespass. | ||
| SECTION 2. Section 37.004, Civil Practice and Remedies | ||
| Code, is amended by adding Subsections (d) and (e) to read as | ||
| follows: | ||
| (d) An action under this chapter to obtain a determination | ||
| of the proper boundary line of real property owned by the person | ||
| bringing the action is not subject to a limitations period. | ||
| (e) A person may bring an action for trespass to real | ||
| property and an action to obtain a determination under this chapter | ||
| of the proper boundary line of the property in the same proceeding | ||
| and may recover costs and attorney's fees under Section 37.009 for | ||
| both causes of action. | ||
| SECTION 3. Section 16.003(c), Civil Practice and Remedies | ||
| Code, as added by this Act, is intended to clarify rather than | ||
| change existing law. | ||
| SECTION 4. (a) Subject to Subsection (b) of this section, a | ||
| person may bring a suit for injunctive relief to remedy a trespass | ||
| to real property or for declaratory relief concerning the | ||
| boundaries of real property on or after the effective date of this | ||
| Act, regardless of any determination before the effective date of | ||
| this Act that such a suit was barred by the limitations period | ||
| prescribed by Section 16.003, Civil Practice and Remedies Code, for | ||
| a suit for trespass for injury to the estate. | ||
| (b) A suit may not be brought on or after the effective date | ||
| of this Act for injunctive relief to remedy a trespass to real | ||
| property if the suit is barred by a limitations period other than | ||
| the limitations period prescribed by Section 16.003, Civil Practice | ||
| and Remedies Code, for a suit for trespass for injury to the estate. | ||
| SECTION 5. Section 37.004(e), Civil Practice and Remedies | ||
| Code, as added by this Act, applies only to an action commenced on | ||
| or after the effective date of this Act. | ||
| SECTION 6. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
