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By: Gervin-Hawkins, Patterson |
H.B. No. 2416 |
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(Senate Sponsor - Powell) |
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(In the Senate - Received from the House May 17, 2021; |
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May 17, 2021, read first time and referred to Committee on State |
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Affairs; May 21, 2021, reported favorably by the following vote: |
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Yeas 8, Nays 0; May 21, 2021, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of attorney's fees as compensatory damages |
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for certain claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Civil Practice and Remedies Code, is |
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amended by adding Section 38.0015 to read as follows: |
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Sec. 38.0015. RECOVERY OF ATTORNEY'S FEES AS COMPENSATORY |
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DAMAGES. (a) A person may recover reasonable attorney's fees from |
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an individual, corporation, or other entity from which recovery is |
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permitted under Section 38.001 as compensatory damages for breach |
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of a construction contract as defined by Section 130.001. |
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(b) This section may not be construed to create or imply a |
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private cause of action or independent basis to recover attorney's |
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fees. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |
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* * * * * |