Bill Text: TX SB539 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the award of costs and attorney's fees in certain proceedings concerning mechanic's, contractor's, or materialman's liens.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2011-05-12 - Effective on 9/1/11 [SB539 Detail]

Download: Texas-2011-SB539-Enrolled.html

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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