By Kamel H.B. No. 453
74R315 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to award of attorney's fees in certain civil actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 38.001 and 38.003, Civil Practice and
1-5 Remedies Code, are amended to read as follows:
1-6 Sec. 38.001. Recovery of Attorney's Fees. A court shall
1-7 award attorney's fees to a prevailing party in a civil action to
1-8 which this chapter applies. The award shall be made in accordance
1-9 with this chapter. <A person may recover reasonable attorney's
1-10 fees from an individual or corporation, in addition to the amount
1-11 of a valid claim and costs, if the claim is for:>
1-12 <(1) rendered services;>
1-13 <(2) performed labor;>
1-14 <(3) furnished material;>
1-15 <(4) freight or express overcharges;>
1-16 <(5) lost or damaged freight or express;>
1-17 <(6) killed or injured stock;>
1-18 <(7) a sworn account; or>
1-19 <(8) an oral or written contract.>
1-20 Sec. 38.003. PRESUMPTION. It is presumed that the usual and
1-21 customary attorney's fees for a claim of the type that is the
1-22 subject of the action <described in Section 38.001> are reasonable.
1-23 The presumption may be rebutted.
1-24 SECTION 2. Chapter 38, Civil Practice and Remedies Code, is
2-1 amended by adding Section 38.0015 to read as follows:
2-2 Sec. 38.0015. APPLICABILITY. Attorney's fees are
2-3 recoverable in the manner provided by this chapter only in a civil
2-4 action for which attorney's fees are:
2-5 (1) not recoverable under another statute; or
2-6 (2) recoverable under another statute that states that
2-7 this chapter applies.
2-8 SECTION 3. Section 38.006, Civil Practice and Remedies Code,
2-9 is repealed.
2-10 SECTION 4. Sections 17.50(c) and (d), Business & Commerce
2-11 Code, are amended to read as follows:
2-12 (c) The court shall award the prevailing party in an action
2-13 under this section:
2-14 (1) attorney's fees under Chapter 38, Civil Practice
2-15 and Remedies Code; and
2-16 (2) court costs. <On a finding by the court that an
2-17 action under this section was groundless and brought in bad faith,
2-18 or brought for the purpose of harassment, the court shall award to
2-19 the defendant reasonable and necessary attorneys' fees and court
2-20 costs.>
2-21 <(d) Each consumer who prevails shall be awarded court costs
2-22 and reasonable and necessary attorneys' fees.>
2-23 SECTION 5. This Act takes effect September 1, 1995, and
2-24 applies only to an action commenced on or after January 1, 1996.
2-25 An action that is commenced before January 1, 1996, is governed by
2-26 the law in effect at the time the action is commenced, and that law
2-27 is continued in effect for that purpose.
3-1 SECTION 6. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.