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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 cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 38.001 and 38.002, Civil Practice and |
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Remedies Code, are 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 another person [an |
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individual or corporation], in addition to the amount of a valid |
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claim and costs, 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; or |
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(7) a sworn account[; or |
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[(8) an oral or written contract]. |
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(b) A claimant or defendant may recover reasonable |
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attorney's fees from a person if the claimant or defendant prevails |
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in an action for an oral or written contract. |
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Sec. 38.002. PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES. To |
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recover attorney's fees under this chapter: |
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(1) the claimant or defendant must be represented by |
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an attorney; |
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(2) the claimant or defendant must present the claim |
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to the opposing party or to a duly authorized agent of the opposing |
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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. |
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SECTION 2. 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 3. This Act takes effect September 1, 2021. |