Texas 2021 - 87th Regular

Texas House Bill HB3377 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R16507~~ SCL-D
	1	+	87R8829 SCL-D
2	2		By: Krause H.B. No. 3377
3		-	Substitute the following for H.B. No. 3377:
4		-	By: Schofield C.S.H.B. No. 3377
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 cases.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11		-	SECTION 1. ~~Section~~ 38.001, Civil Practice and ~~Remedies~~
12		-	Code, is amended to read as follows:
13		-	Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. A person may
	9	+	SECTION 1. Sections 38.001 and 38.002, Civil Practice and
	10	+	Remedies Code, are amended to read as follows:
	11	+	Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. (a) A person may
14	12		recover reasonable attorney's fees from another person [an
15	13		individual or corporation], in addition to the amount of a valid
16	14		claim and costs, if the claim is for:
17	15		(1) rendered services;
18	16		(2) performed labor;
19	17		(3) furnished material;
20	18		(4) freight or express overcharges;
21	19		(5) lost or damaged freight or express;
22		-	(6) killed or injured stock;
23		-	(7) a sworn account; or
24		-	(8) an oral or written contract.
25		-	SECTION 2. Section 38.001, Civil Practice and Remedies
26		-	Code, as amended by this Act, applies only to an award of attorney's
27		-	fees in an action commenced on or after the effective date of this
28		-	Act. An award of attorney's fees in an action commenced before the
29		-	effective date of this Act is governed by the law applicable to the
30		-	award immediately before the effective date of this Act, and that
31		-	law is continued in effect for that purpose.
	20	+	(6) killed or injured stock; or
	21	+	(7) a sworn account[; or
	22	+	[(8) an oral or written contract].
	23	+	(b) A claimant or defendant may recover reasonable
	24	+	attorney's fees from a person if the claimant or defendant prevails
	25	+	in an action for an oral or written contract.
	26	+	Sec. 38.002. PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES. To
	27	+	recover attorney's fees under this chapter:
	28	+	(1) the claimant or defendant must be represented by
	29	+	an attorney;
	30	+	(2) the claimant or defendant must present the claim
	31	+	to the opposing party or to a duly authorized agent of the opposing
	32	+	party; and
	33	+	(3) payment for the just amount owed must not have been
	34	+	tendered before the expiration of the 30th day after the claim is
	35	+	presented.
	36	+	SECTION 2. Sections 38.001 and 38.002, Civil Practice and
	37	+	Remedies Code, as amended by this Act, apply only to an award of
	38	+	attorney's fees in an action commenced on or after the effective
	39	+	date of this Act. An award of attorney's fees in an action
	40	+	commenced before the effective date of this Act is governed by the
	41	+	law applicable to the award immediately before the effective date
	42	+	of this Act, and that law is continued in effect for that purpose.
32	43		SECTION 3. This Act takes effect September 1, 2021.