By: Culberson H.B. No. 531
73R2763 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recovery of attorney's fees in certain civil
1-3 actions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 38, Civil Practice and Remedies Code, is
1-6 amended by amending Sections 38.001, 38.002, and 38.003, and adding
1-7 Section 38.0015 to read as follows:
1-8 Sec. 38.001. DEFINITIONS. In this chapter:
1-9 (1) "Claimant" means a party, including a plaintiff,
1-10 counterclaimant, cross-claimant, or third-party claimant, seeking
1-11 recovery of damages or other relief.
1-12 (2) "Respondent" means a party, including a
1-13 counterdefendant, cross-defendant, or third-party defendant, from
1-14 whom a claimant seeks damages or other relief.
1-15 Sec. 38.0015. RECOVERY OF ATTORNEY'S FEES. (a) A claimant
1-16 <person> may recover reasonable attorney's fees from a respondent
1-17 who is an individual or corporation, in addition to the amount of a
1-18 valid claim and costs, if final judgment is rendered in favor of
1-19 the claimant and the claim is for:
1-20 (1) rendered services;
1-21 (2) performed labor;
1-22 (3) furnished material;
1-23 (4) freight or express overcharges;
1-24 (5) lost or damaged freight or express;
2-1 (6) killed or injured stock;
2-2 (7) a sworn account; or
2-3 (8) an oral or written contract.
2-4 (b) Except as provided by Subsection (c), if final judgment
2-5 is rendered against a claimant, the respondent may recover
2-6 reasonable attorney's fees from the claimant without regard to what
2-7 the claim is for or the legal theory on which the claimant seeks
2-8 recovery.
2-9 (c) Subsection (b) does not apply to an award of attorney's
2-10 fees to a respondent in an action covered by:
2-11 (1) Section 70, Public Utility Regulatory Act (Article
2-12 1446c, Vernon's Texas Civil Statutes);
2-13 (2) Section 6, Chapter 263, Acts of the 66th
2-14 Legislature, Regular Session, 1979 (Article 5221a-7, Vernon's Texas
2-15 Civil Statutes);
2-16 (3) Article 11.10, Title 79, Revised Statutes (Article
2-17 5069-11.10, Vernon's Texas Civil Statutes);
2-18 (4) Section 16, Article 21.21, Insurance Code;
2-19 (5) Section 17, Article 21.21, Insurance Code;
2-20 (6) Section 17.50, Business & Commerce Code;
2-21 (7) Section 2.11, Education Code; or
2-22 (8) Section 13.382, Water Code.
2-23 Sec. 38.002. PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES. (a)
2-24 To recover attorney's fees under this chapter:
2-25 (1) the claimant must be represented by an attorney;
2-26 (2) the claimant must present the claim to the
2-27 opposing party or to a duly authorized agent of the opposing party;
3-1 and
3-2 (3) payment for the just amount owed must not have
3-3 been tendered before the expiration of the 30th day after the claim
3-4 is presented.
3-5 (b) To recover attorney's fees under this chapter, a
3-6 respondent must:
3-7 (1) be represented by an attorney; and
3-8 (2) have notified the claimant that, if final judgment
3-9 is rendered against the claimant, the respondent will seek recovery
3-10 of attorney's fees.
3-11 Sec. 38.003. PRESUMPTION. It is presumed that the usual and
3-12 customary attorney's fees for a claim of the type described in
3-13 Section 38.0015 <38.001> are reasonable. The presumption may be
3-14 rebutted.
3-15 SECTION 2. This Act takes effect January 1, 1994, and
3-16 applies only to an action that is filed on or after that date. An
3-17 action that was filed before January 1, 1994, is governed by the
3-18 law in effect at the time the action was filed, and that law is
3-19 continued in effect for that purpose.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.