By: Hughes S.B. No. 808
(In the Senate - Filed February 25, 2021; March 11, 2021,
read first time and referred to Committee on State Affairs;
March 24, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; March 24, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 808 By: Hughes
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. Section 38.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 38.001. RECOVERY OF ATTORNEY'S FEES. 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;
(7) a sworn account; or
(8) an oral or written contract.
SECTION 2. Section 38.001, Civil Practice and Remedies
Code, as amended by this Act, applies 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.
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