H.B. No. 2416
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2416 was passed by the House on May
14, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2416 was passed by the Senate on May
24, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor