By: Gervin-Hawkins, Patterson H.B. No. 2416
(Senate Sponsor - Powell)
(In the Senate - Received from the House May 17, 2021;
May 17, 2021, read first time and referred to Committee on State
Affairs; May 21, 2021, reported favorably by the following vote:
Yeas 8, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the recovery of attorney's fees as compensatory damages
for certain claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Civil Practice and Remedies Code, is
amended by adding Section 38.0015 to read as follows:
Sec. 38.0015. RECOVERY OF ATTORNEY'S FEES AS COMPENSATORY
DAMAGES. (a) A person may recover reasonable attorney's fees from
an individual, corporation, or other entity from which recovery is
permitted under Section 38.001 as compensatory damages for breach
of a construction contract as defined by Section 130.001.
(b) This section may not be construed to create or imply a
private cause of action or independent basis to recover attorney's
fees.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2021.
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