| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 87R11201 SCL-F | |
| 2 | 2 | By: Meyer H.B. No. 3150 | |
| 3 | - | Substitute the following for H.B. No. 3150: | |
| 4 | - | By: Krause C.S.H.B. No. 3150 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to recovery of attorney's fees in certain civil actions. | |
| 10 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 9 | SECTION 1. Section 38.001, Civil Practice and Remedies | |
| 12 | 10 | Code, is amended to read as follows: | |
| 13 | 11 | Sec. 38.001. AWARD [RECOVERY] OF ATTORNEY'S FEES. A court | |
| 14 | 12 | [person] may award to a prevailing party [recover] reasonable and | |
| 15 | 13 | necessary attorney's fees [from an individual or corporation], in | |
| 16 | - | addition to the amount of a valid claim and costs, | |
| 17 | - | for: | |
| 14 | + | addition to the amount of a valid claim, if applicable, and costs, | |
| 15 | + | if the claim is for: | |
| 18 | 16 | (1) rendered services; | |
| 19 | 17 | (2) performed labor; | |
| 20 | 18 | (3) furnished material; | |
| 21 | 19 | (4) freight or express overcharges; | |
| 22 | 20 | (5) lost or damaged freight or express; | |
| 23 | 21 | (6) killed or injured stock; | |
| 24 | 22 | (7) a sworn account; or | |
| 25 | 23 | (8) an oral or written contract. | |
| 26 | 24 | SECTION 2. Section 38.002, Civil Practice and Remedies | |
| 27 | 25 | Code, is amended to read as follows: | |
| 28 | 26 | Sec. 38.002. REQUIREMENTS [PROCEDURE] FOR RECOVERY OF | |
| 29 | 27 | ATTORNEY'S FEES. To recover attorney's fees under this chapter, a | |
| 30 | 28 | prevailing party [: | |
| 31 | 29 | [(1) the claimant] must be represented by an attorney[; | |
| 32 | 30 | [(2) the claimant must present the claim to the opposing | |
| 33 | 31 | party or to a duly authorized agent of the opposing party; and | |
| 34 | 32 | [(3) payment for the just amount owed must not have been | |
| 35 | 33 | tendered before the expiration of the 30th day after the claim is | |
| 36 | - | presented]. | |
| 34 | + | presented]. The prevailing party is not required to bring a claim | |
| 35 | + | in the action to recover attorney's fees under this chapter. | |
| 37 | 36 | SECTION 3. Sections 38.001 and 38.002, Civil Practice and | |
| 38 | 37 | Remedies Code, as amended by this Act, apply only to an award of | |
| 39 | 38 | attorney's fees in an action commenced on or after the effective | |
| 40 | 39 | date of this Act. An award of attorney's fees in an action | |
| 41 | 40 | commenced before the effective date of this Act is governed by the | |
| 42 | 41 | law applicable to the award immediately before the effective date | |
| 43 | 42 | of this Act, and that law is continued in effect for that purpose. | |
| 44 | 43 | SECTION 4. This Act takes effect September 1, 2021. |