| 1 | 1 | | 88R13475 SCL-D |
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| 2 | 2 | | By: Johnson of Dallas H.B. No. 5253 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to recovery of attorney's fees in common law and statutory |
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| 8 | 8 | | tort claims. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 38.001(b), Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | (b) A person may recover reasonable attorney's fees from an |
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| 13 | 13 | | individual or organization other than a quasi-governmental entity |
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| 14 | 14 | | authorized to perform a function by state law, a religious |
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| 15 | 15 | | organization, a charitable organization, or a charitable trust, in |
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| 16 | 16 | | addition to the amount of a valid claim and costs, if the claim is |
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| 17 | 17 | | for: |
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| 18 | 18 | | (1) rendered services; |
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| 19 | 19 | | (2) performed labor; |
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| 20 | 20 | | (3) furnished material; |
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| 21 | 21 | | (4) freight or express overcharges; |
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| 22 | 22 | | (5) lost or damaged freight or express; |
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| 23 | 23 | | (6) killed or injured stock; |
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| 24 | 24 | | (7) a sworn account; [or] |
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| 25 | 25 | | (8) an oral or written contract; or |
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| 26 | 26 | | (9) a common law tort or a cause of action created by |
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| 27 | 27 | | statute for which an award of actual damages is authorized. |
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| 28 | 28 | | SECTION 2. Section 38.001, Civil Practice and Remedies |
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| 29 | 29 | | Code, as amended by this Act, applies only to an award of attorney's |
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| 30 | 30 | | fees in an action commenced on or after the effective date of this |
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| 31 | 31 | | Act. An award of attorney's fees in an action commenced before the |
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| 32 | 32 | | effective date of this Act is governed by the law applicable to the |
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| 33 | 33 | | award immediately before the effective date of this Act, and that |
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| 34 | 34 | | law is continued in effect for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2023. |
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