87R17163 SCL-F
By: Meyer H.B. No. 3150
Substitute the following for H.B. No. 3150:
By: Krause C.S.H.B. No. 3150
A BILL TO BE ENTITLED
AN ACT
relating to recovery of attorney's fees in certain civil actions.
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. AWARD [RECOVERY] OF ATTORNEY'S FEES. A court
[person] may award to a prevailing party [recover] reasonable and
necessary 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.
SECTION 2. Section 38.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 38.002. REQUIREMENTS [PROCEDURE] FOR RECOVERY OF
ATTORNEY'S FEES. To recover attorney's fees under this chapter, a
prevailing party [:
[(1) the claimant] must be represented by an attorney[;
[(2) the claimant must present the claim to the opposing
party or to a duly authorized agent of the opposing party; and
[(3) payment for the just amount owed must not have been
tendered before the expiration of the 30th day after the claim is
presented].
SECTION 3. Sections 38.001 and 38.002, Civil Practice and
Remedies Code, as amended by this Act, apply 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 4. This Act takes effect September 1, 2021.