PLEA FOR REMOVAL OF IMPROVEMENTS

(a) A defendant in a trespass to try title action who is not the rightful owner of the property in controversy may remove improvements made to the property if: (1) the defendant, and those under whom the defendant claims, possessed the property, and made permanent and valuable improvements to it, without intent to defraud; and (2) the improvements can be removed without substantial and permanent damage to the property. (b) The pleadings of a defendant who seeks to remove improvements must contain: (1) a statement that the defendant, and those under whom the defendant claims, adversely possessed the property, and made permanent and valuable improvements to it, without intent to defraud; (2) a statement identifying the improvements; and (3) an offer to provide a surety bond in an amount and conditioned as required by this section. (c) Before removing the improvements, the defendant must post a surety bond in an amount determined by the court, conditioned on the removal of the improvements in a manner that substantially restores the property to the condition it was in before the improvements were made.