| 1 | | - | H.B. No. 2416 |
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| 1 | + | By: Gervin-Hawkins, Patterson H.B. No. 2416 |
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| 2 | + | (Senate Sponsor - Powell) |
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| 3 | + | (In the Senate - Received from the House May 17, 2021; |
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| 4 | + | May 17, 2021, read first time and referred to Committee on State |
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| 5 | + | Affairs; May 21, 2021, reported favorably by the following vote: |
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| 6 | + | Yeas 8, Nays 0; May 21, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to the recovery of attorney's fees as compensatory damages |
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| 6 | 13 | | for certain claims. |
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| 7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 15 | | SECTION 1. Chapter 38, Civil Practice and Remedies Code, is |
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| 9 | 16 | | amended by adding Section 38.0015 to read as follows: |
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| 10 | 17 | | Sec. 38.0015. RECOVERY OF ATTORNEY'S FEES AS COMPENSATORY |
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| 11 | 18 | | DAMAGES. (a) A person may recover reasonable attorney's fees from |
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| 12 | 19 | | an individual, corporation, or other entity from which recovery is |
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| 13 | 20 | | permitted under Section 38.001 as compensatory damages for breach |
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| 14 | 21 | | of a construction contract as defined by Section 130.001. |
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| 15 | 22 | | (b) This section may not be construed to create or imply a |
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| 16 | 23 | | private cause of action or independent basis to recover attorney's |
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| 17 | 24 | | fees. |
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| 18 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 19 | 26 | | to a cause of action that accrues on or after the effective date of |
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| 20 | 27 | | this Act. |
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| 21 | 28 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 22 | | - | ______________________________ ______________________________ |
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| 23 | | - | President of the Senate Speaker of the House |
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| 24 | | - | I certify that H.B. No. 2416 was passed by the House on May |
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| 25 | | - | 14, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not |
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| 26 | | - | voting. |
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| 27 | | - | ______________________________ |
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| 28 | | - | Chief Clerk of the House |
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| 29 | | - | I certify that H.B. No. 2416 was passed by the Senate on May |
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| 30 | | - | 24, 2021, by the following vote: Yeas 30, Nays 0. |
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| 31 | | - | ______________________________ |
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| 32 | | - | Secretary of the Senate |
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| 33 | | - | APPROVED: _____________________ |
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| 34 | | - | Date |
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| 35 | | - | _____________________ |
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| 36 | | - | Governor |
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| 29 | + | * * * * * |
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