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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 common law and statutory |
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tort claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.001(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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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, in |
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addition to the amount of a valid claim and costs, if the claim is |
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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; or |
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(9) a common law tort or a cause of action created by |
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statute for which an award of actual damages is authorized. |
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SECTION 2. Section 38.001, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to an award of attorney's |
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fees in an action commenced on or after the effective date of this |
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Act. An award of attorney's fees in an action commenced before the |
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effective date of this Act is governed by the law applicable to the |
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award immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |