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A BILL TO BE ENTITLED
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AN ACT
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relating to certain suits concerning real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.003, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) The limitations period prescribed by Subsection (a) for |
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a suit for trespass for injury to the estate applies only to a suit |
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for damages arising from the trespass. |
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SECTION 2. Section 37.004, Civil Practice and Remedies |
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Code, is amended by adding Subsections (d) and (e) to read as |
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follows: |
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(d) An action under this chapter to obtain a determination |
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of the proper boundary line of real property owned by the person |
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bringing the action is not subject to a limitations period. |
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(e) A person may bring an action for trespass to real |
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property and an action to obtain a determination under this chapter |
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of the proper boundary line of the property in the same proceeding |
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and may recover costs and attorney's fees under Section 37.009 for |
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both causes of action. |
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SECTION 3. Section 16.003(c), Civil Practice and Remedies |
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Code, as added by this Act, is intended to clarify rather than |
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change existing law. |
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SECTION 4. (a) Subject to Subsection (b) of this section, a |
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person may bring a suit for injunctive relief to remedy a trespass |
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to real property or for declaratory relief concerning the |
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boundaries of real property on or after the effective date of this |
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Act, regardless of any determination before the effective date of |
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this Act that such a suit was barred by the limitations period |
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prescribed by Section 16.003, Civil Practice and Remedies Code, for |
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a suit for trespass for injury to the estate. |
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(b) A suit may not be brought on or after the effective date |
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of this Act for injunctive relief to remedy a trespass to real |
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property if the suit is barred by a limitations period other than |
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the limitations period prescribed by Section 16.003, Civil Practice |
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and Remedies Code, for a suit for trespass for injury to the estate. |
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SECTION 5. Section 37.004(e), Civil Practice and Remedies |
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Code, as added by this Act, applies only to an action commenced on |
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or after the effective date of this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |