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A BILL TO BE ENTITLED
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AN ACT
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relating to recovery of attorney's fees in certain civil actions. |
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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. AWARD [RECOVERY] OF ATTORNEY'S FEES. A court |
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[person] may award to a prevailing party [recover] reasonable and |
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necessary attorney's fees [from an individual or corporation], in |
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addition to the amount of a valid claim, if applicable, 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. Section 38.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 38.002. REQUIREMENTS [PROCEDURE] FOR RECOVERY OF |
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ATTORNEY'S FEES. To recover attorney's fees under this chapter, a |
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prevailing party [: |
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[(1) the claimant] must be represented by an attorney[; |
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[(2) the claimant must present the claim to the opposing |
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party or to a duly authorized agent of the opposing party; and |
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[(3) payment for the just amount owed must not have been |
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tendered before the expiration of the 30th day after the claim is |
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presented]. The prevailing party is not required to bring a claim |
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in the action to recover attorney's fees under this chapter. |
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SECTION 3. Sections 38.001 and 38.002, Civil Practice and |
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Remedies Code, as amended by this Act, apply only to an award of |
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attorney's fees in an action commenced on or after the effective |
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date of this Act. An award of attorney's fees in an action |
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commenced before the effective date of this Act is governed by the |
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law applicable to the award immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |