87R8829 SCL-D
By: Hughes S.B. No. 808
A BILL TO BE ENTITLED
AN ACT
relating to recovery of attorney's fees in certain civil cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 38.001 and 38.002, Civil Practice and
Remedies Code, are amended to read as follows:
Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. (a) A person may
recover reasonable attorney's fees from another person [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; or
(7) a sworn account[; or
[(8) an oral or written contract].
(b) A claimant or defendant may recover reasonable
attorney's fees from a person if the claimant or defendant prevails
in an action for an oral or written contract.
Sec. 38.002. PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES. To
recover attorney's fees under this chapter:
(1) the claimant or defendant must be represented by
an attorney;
(2) the claimant or defendant 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 2. 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 3. This Act takes effect September 1, 2021.