Texas House Bill HB3349

Texas 2021 - 87th Regular

Caption

Relating to recovery of attorney's fees in certain civil cases.

Impact

The legislation is significant as it reiterates the conditions under which attorney's fees can be recovered, potentially impacting how civil litigations are approached in Texas. By allowing individuals and corporations to seek attorney's fees under defined circumstances, the bill aims to support plaintiffs in civil cases, providing them with added financial incentive to pursue legitimate claims. This could promote fairness in legal proceedings by ensuring that successful claimants can seek reimbursement for their legal costs, thus making the judicial process more accessible to those who might otherwise hesitate to engage due to financial burdens.

Summary

House Bill 3349 amends Section 38.001 of the Civil Practice and Remedies Code concerning the recovery of attorney's fees in certain civil cases. The bill allows individuals, corporations, or other legal entities to recover reasonable attorney's fees in addition to the claim amount and costs for specific types of cases, such as those involving services rendered, labor performed, or contracts. However, it explicitly states that recovery of attorney's fees cannot be pursued against the state or its political subdivisions, establishing a clear boundary for legal claims against governmental entities.

Contention

Notably, the bill does not permit recovery of attorney's fees from the state or political subdivisions, which has been a point of contention among critics. Some argue that this provision creates an imbalance, giving the state an unfair advantage in legal disputes and potentially discouraging citizens from seeking justice against governmental actions. The necessity to protect state entities from claims for attorney's fees has sparked discussions about the rights of individuals to hold the state accountable, raising broader questions about access to justice and civil rights within the legal framework.