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.