Texas 2019 - 86th Regular

Texas House Bill HB2891 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R22107 BRG-F
2	1		By: White H.B. No. 2891
3		-	Substitute the following for H.B. No. 2891:
4		-	By: Smith C.S.H.B. No. 2891
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to recovery of attorney's fees in certain civil cases.
	6	+	relating to recovery of attorney's fees against veterinarians for
	7	+	certain claims.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11		-	SECTION 1. Section 38.001, Civil Practice and Remedies
	9	+	SECTION 1. S
	10	+	ection 38.006, Civil Practice and Remedies
12	11		Code, is amended to read as follows:
13		-	Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. A person may
14		-	recover reasonable attorney's fees from an individual or
15		-	corporation, in addition to the amount of a valid claim and costs,
16		-	if the claim is for:
17		-	(1) rendered services;
18		-	(2) performed labor;
19		-	(3) furnished material;
20		-	(4) freight or express overcharges;
21		-	(5) lost or damaged freight or express;
22		-	(6) a killed or injured livestock animal, as defined
23		-	by Section 92.001 [stock];
24		-	(7) a sworn account; or
25		-	(8) an oral or written contract.
	12	+	Sec. 38.006. EXCEPTIONS. (a) This chapter does not apply
	13	+	to a contract issued by an insurer that is subject to the provisions
	14	+	of:
	15	+	(1) Title 11, Insurance Code;
	16	+	(2) Chapter 541, Insurance Code;
	17	+	(3) the Unfair Claim Settlement Practices Act
	18	+	(Subchapter A, Chapter 542, Insurance Code); or
	19	+	(4) Subchapter B, Chapter 542, Insurance Code.
	20	+	(b) A person may not recover attorney's fees against a
	21	+	veterinarian licensed under Chapter 801, Occupations Code, in a
	22	+	claim for killed or injured stock resulting from veterinary
	23	+	malpractice or negligence.
26	24		SECTION 2. The change in law made by this Act applies only
27	25		to a cause of action that accrues on or after the effective date of
28	26		this Act. A cause of action that accrues before the effective date
29	27		of this Act is governed by the law applicable to the cause of action
30	28		immediately before the effective date of this Act, and that law is
31	29		continued in effect for that purpose.
32	30		SECTION 3. This Act takes effect immediately if it receives
33	31		a vote of two-thirds of all the members elected to each house, as
34	32		provided by Section 39, Article III, Texas Constitution. If this
35	33		Act does not receive the vote necessary for immediate effect, this
36	34		Act takes effect September 1, 2019.