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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of attorney's fees in cases involving |
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veterinary malpractice or negligence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. (a) A person may |
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recover reasonable attorney's fees from an individual or |
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corporation, in addition to the amount of a valid claim and costs, |
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if the claim is for: |
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(1) rendered services; |
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(2) performed labor; |
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(3) furnished material; |
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(4) freight or express overcharges; |
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(5) lost or damaged freight or express; |
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(6) killed or injured stock; |
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(7) a sworn account; or |
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(8) an oral or written contract. |
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(b) For purposes of this section, a claim described by |
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Subsection (a)(6) does not include a claim against a veterinarian, |
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as defined by Section 801.002, Occupations Code, for veterinary |
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malpractice or negligence. |
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SECTION 2. The change in law made by this Act applies only |
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to an award of attorney's fees in an action commenced on or after |
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the effective date of this Act. An award of attorney's fees in an |
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action commenced before the effective date of this Act is governed |
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by the law applicable to the award immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |