HBA-CCH, TBM H.B. 886 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 886
By: Wilson
Business & Industry
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Adverse possession is the actual and visible appropriation of real property
under a claim of rightful possession that is inconsistent and hostile to
another person's claim of rightful possession.  Adverse possession allows a
person to rightfully possess another person's property if the person taking
possession cultivates, uses, or enjoys the property, and the owner of the
property does not bring a cause of action within a specified time period to
claim the property.  House Bill 886 abolishes adverse possession and
removes the limitation period to recover real property that was adversely
possessed. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 886 amends the Civil Practice and Remedies, Transportation, and
Local Government codes to abolish adverse possession which allows a person
to take possession of real property that has gone unused by the owner for a
specified period of time by a person inhabiting it for that period of time
and to remove the limitation period to recover real property that was
adversely possessed.  

EFFECTIVE DATE

September 1, 2001.