By Corte H.B. No. 3577 76R4333 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an award of attorney's fees to a party in a civil 1-3 action who shows fraud or perjury by the other party. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Sections 38.001-38.006, Civil Practice and 1-6 Remedies Code, are designated as Subchapter A, Chapter 38, Civil 1-7 Practice and Remedies Code, and the heading of Subchapter A is 1-8 added to read as follows: 1-9 SUBCHAPTER A. ATTORNEY'S FEES FOR CERTAIN CLAIMS 1-10 SECTION 2. Chapter 38, Civil Practice and Remedies Code, is 1-11 amended by adding Subchapter B to read as follows: 1-12 SUBCHAPTER B. ATTORNEY'S FEES AFTER PERJURY OR FRAUD 1-13 Sec. 38.041. AWARD OF ATTORNEY'S FEES. (a) A court shall 1-14 award a party in a civil action attorney's fees if the party shows 1-15 that at any time during the pendency of the action another party to 1-16 the action engaged in actual fraud or committed perjury with 1-17 respect to information provided or testimony given pertaining to 1-18 the action. 1-19 (b) The amount of the award is reasonable attorney's fees 1-20 incurred by the party in pursuing the action. 1-21 (c) A court shall award attorney's fees under this section 1-22 without regard to whether the party awarded the fees prevails in 1-23 the action. 1-24 SECTION 3. This Act takes effect September 1, 1999, and 2-1 applies only to a cause of action that accrues on or after that 2-2 date. An action that accrued before the effective date of this Act 2-3 is governed by the law applicable to the action immediately before 2-4 the effective date of this Act, and that law is continued in effect 2-5 for that purpose. 2-6 SECTION 4. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.