By Ellis S.B. No. 321
76R1469 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to collection of attorney's fees in certain contract
1-3 actions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 38.006, Civil Practice and Remedies Code,
1-6 is amended to read as follows:
1-7 Sec. 38.006. EXCEPTIONS. (a) This chapter does not apply
1-8 to a contract issued by an insurer that is subject to the
1-9 provisions of:
1-10 (1) [Article 3.62, Insurance Code;]
1-11 [(2) Section 1, Chapter 387, Acts of the 55th
1-12 Legislature, Regular Session, 1957 (Article 3.62-1, Vernon's Texas
1-13 Insurance Code);]
1-14 [(3)] Chapter 9, Insurance Code;
1-15 (2) [(4)] Article 21.21, Insurance Code; [or]
1-16 (3) [(5)] the Unfair Claim Settlement Practices Act
1-17 (Article 21.21-2, Insurance Code); or
1-18 (4) Article 21.55, Insurance Code.
1-19 (b) This section does not prohibit the recovery of
1-20 attorney's fees to the extent that the recovery is authorized under
1-21 a law listed in Subsection (a).
1-22 SECTION 2. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.