Bill Text: TX SB1894 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to certain suits concerning real property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-23 - Referred to State Affairs [SB1894 Detail]

Download: Texas-2017-SB1894-Introduced.html
  85R12786 AJA-D
 
  By: Burton S.B. No. 1894
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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