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AN ACT
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relating to recovery of attorney's fees in certain civil cases. |
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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) In this |
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section, "organization" has the meaning assigned by Section 1.002, |
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Business Organizations Code. |
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(b) A person may recover reasonable attorney's fees from an |
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individual or organization other than a quasi-governmental entity |
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authorized to perform a function by state law, a religious |
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organization, a charitable organization, or a charitable trust |
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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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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 September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1578 was passed by the House on April |
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20, 2021, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1578 on May 28, 2021, by the following vote: Yeas 135, Nays 10, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1578 was passed by the Senate, with |
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amendments, on May 24, 2021, by the following vote: Yeas 29, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |