| 1 | | - | H.B. No. 1578 |
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| 1 | + | By: Landgraf, et al. (Senate Sponsor - Hughes) H.B. No. 1578 |
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| 2 | + | (In the Senate - Received from the House April 21, 2021; |
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| 3 | + | May 6, 2021, read first time and referred to Committee on State |
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| 4 | + | Affairs; May 10, 2021, reported favorably by the following vote: |
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| 5 | + | Yeas 7, Nays 0; May 10, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to recovery of attorney's fees in certain civil cases. |
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| 6 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 13 | | SECTION 1. Section 38.001, Civil Practice and Remedies |
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| 8 | 14 | | Code, is amended to read as follows: |
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| 9 | 15 | | Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. (a) In this |
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| 10 | 16 | | section, "organization" has the meaning assigned by Section 1.002, |
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| 11 | 17 | | Business Organizations Code. |
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| 12 | 18 | | (b) A person may recover reasonable attorney's fees from an |
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| 13 | | - | individual or organization other than a quasi-governmental entity |
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| 14 | | - | authorized to perform a function by state law, a religious |
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| 15 | | - | organization, a charitable organization, or a charitable trust |
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| 16 | | - | [corporation], in addition to the amount of a valid claim and costs, |
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| 17 | | - | if the claim is for: |
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| 19 | + | individual or organization [corporation], in addition to the amount |
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| 20 | + | of a valid claim and costs, if the claim is for: |
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| 18 | 21 | | (1) rendered services; |
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| 19 | 22 | | (2) performed labor; |
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| 20 | 23 | | (3) furnished material; |
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| 21 | 24 | | (4) freight or express overcharges; |
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| 22 | 25 | | (5) lost or damaged freight or express; |
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| 23 | 26 | | (6) killed or injured stock; |
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| 24 | 27 | | (7) a sworn account; or |
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| 25 | 28 | | (8) an oral or written contract. |
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| 26 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 30 | | to an award of attorney's fees in an action commenced on or after |
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| 28 | 31 | | the effective date of this Act. An award of attorney's fees in an |
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| 29 | 32 | | action commenced before the effective date of this Act is governed |
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| 30 | 33 | | by the law applicable to the award immediately before the effective |
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| 31 | 34 | | date of this Act, and that law is continued in effect for that |
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| 32 | 35 | | purpose. |
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| 33 | 36 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 34 | | - | ______________________________ ______________________________ |
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| 35 | | - | President of the Senate Speaker of the House |
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| 36 | | - | I certify that H.B. No. 1578 was passed by the House on April |
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| 37 | | - | 20, 2021, by the following vote: Yeas 143, Nays 0, 2 present, not |
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| 38 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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| 39 | | - | No. 1578 on May 28, 2021, by the following vote: Yeas 135, Nays 10, |
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| 40 | | - | 2 present, not voting. |
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| 41 | | - | ______________________________ |
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| 42 | | - | Chief Clerk of the House |
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| 43 | | - | I certify that H.B. No. 1578 was passed by the Senate, with |
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| 44 | | - | amendments, on May 24, 2021, by the following vote: Yeas 29, Nays |
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| 45 | | - | 1. |
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| 46 | | - | ______________________________ |
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| 47 | | - | Secretary of the Senate |
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| 48 | | - | APPROVED: __________________ |
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| 49 | | - | Date |
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| 50 | | - | __________________ |
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| 51 | | - | Governor |
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| 37 | + | * * * * * |
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