| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 85R151 CAE-F | |
| 2 | 1 | By: Farrar, Vo H.B. No. 744 | |
| 3 | 2 | ||
| 4 | 3 | ||
| 5 | 4 | A BILL TO BE ENTITLED | |
| 6 | 5 | AN ACT | |
| 7 | 6 | relating to recovery of attorney's fees in certain civil cases. | |
| 8 | 7 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 8 | SECTION 1. Section 38.001, Civil Practice and Remedies | |
| 10 | 9 | Code, is amended to read as follows: | |
| 11 | - | Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. (a) Except as | |
| 12 | - | provided by Subsection (b), a [A] person may recover reasonable | |
| 13 | - | attorney's fees from an individual, [or] corporation, or other | |
| 14 | - | legal entity, in addition to the amount of a valid claim and costs, | |
| 15 | - | if the claim is for: | |
| 10 | + | Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. (a) In this | |
| 11 | + | section, "organization" has the meaning assigned by Section 1.002, | |
| 12 | + | Business Organizations Code. | |
| 13 | + | (b) A person may recover reasonable attorney's fees from an | |
| 14 | + | individual or organization [corporation], or the state, an agency | |
| 15 | + | or institution of the state, or a political subdivision of the | |
| 16 | + | state, in addition to the amount of a valid claim and costs, if the | |
| 17 | + | claim is for: | |
| 16 | 18 | (1) rendered services; | |
| 17 | 19 | (2) performed labor; | |
| 18 | 20 | (3) furnished material; | |
| 19 | 21 | (4) freight or express overcharges; | |
| 20 | 22 | (5) lost or damaged freight or express; | |
| 21 | 23 | (6) killed or injured stock; | |
| 22 | 24 | (7) a sworn account; or | |
| 23 | 25 | (8) an oral or written contract. | |
| 24 | - | (b) Subsection (a) does not authorize the recovery of | |
| 25 | - | attorney's fees from the state, an agency or institution of the | |
| 26 | - | state, or a political subdivision of the state. This section does | |
| 27 | - | not affect any other statute regarding the recovery of attorney's | |
| 28 | - | fees from the state, an agency or institution of the state, or a | |
| 29 | - | political subdivision of the state. | |
| 30 | 26 | SECTION 2. The change in law made by this Act applies only | |
| 31 | 27 | to an award of attorney's fees in an action commenced on or after | |
| 32 | 28 | the effective date of this Act. An award of attorney's fees in an | |
| 33 | 29 | action commenced before the effective date of this Act is governed | |
| 34 | 30 | by the law applicable to the award immediately before the effective | |
| 35 | 31 | date of this Act, and that law is continued in effect for that | |
| 36 | 32 | purpose. | |
| 37 | 33 | SECTION 3. This Act takes effect September 1, 2017. |