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