FL H0631

Authorizes persons with superior right to possession of real property to recover possession through ejectment in circuit courts without requirement of presuit notice, with copies of title instruments attached to complaint or answer.

Redefines "forcible entry," "unlawful entry," and "unlawful detention" and establishes cause of action for recovery of possession with double damages for willful and knowingly wrongful entry or detention.

Requires all possession actions use summary procedure under section 51.011, with court advancing cases on calendar and 5-day minimum before entry of judgment; allows bifurcation of possession and damages claims.

Establishes procedures for service of process including attachment to real property after two unsuccessful attempts, with clerk required to mail copies and note mailing in docket.

Creates section 163.035 restricting governmental entities from adopting ordinances based on customary beach use unless affirmed by judicial declaration after notice to property owners and de novo court proceedings where governmental entity bears burden of proof.