| 1 | 1 | | 86R12276 BRG-F |
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| 2 | 2 | | By: Creighton S.B. No. 1589 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the recovery of attorney's fees in cases involving |
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| 8 | 8 | | veterinary malpractice or negligence. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 38.001, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. (a) A person may |
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| 13 | 13 | | recover reasonable attorney's fees from an individual or |
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| 14 | 14 | | corporation, in addition to the amount of a valid claim and costs, |
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| 15 | 15 | | if the claim is for: |
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| 16 | 16 | | (1) rendered services; |
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| 17 | 17 | | (2) performed labor; |
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| 18 | 18 | | (3) furnished material; |
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| 19 | 19 | | (4) freight or express overcharges; |
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| 20 | 20 | | (5) lost or damaged freight or express; |
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| 21 | 21 | | (6) killed or injured stock; |
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| 22 | 22 | | (7) a sworn account; or |
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| 23 | 23 | | (8) an oral or written contract. |
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| 24 | 24 | | (b) For purposes of this section, a claim described by |
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| 25 | 25 | | Subsection (a)(6) does not include a claim against a veterinarian, |
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| 26 | 26 | | as defined by Section 801.002, Occupations Code, for veterinary |
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| 27 | 27 | | malpractice or negligence. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to an award of attorney's fees in an action commenced on or after |
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| 30 | 30 | | the effective date of this Act. An award of attorney's fees in an |
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| 31 | 31 | | action commenced before the effective date of this Act is governed |
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| 32 | 32 | | by the law applicable to the award immediately before the effective |
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| 33 | 33 | | date of this Act, and that law is continued in effect for that |
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| 34 | 34 | | purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2019. |
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