Bill Text: TX HB5253 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to recovery of attorney's fees in common law and statutory tort claims.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to Judiciary & Civil Jurisprudence [HB5253 Detail]
Download: Texas-2023-HB5253-Introduced.html
| 88R13475 SCL-D | ||
| By: Johnson of Dallas | H.B. No. 5253 | |
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| relating to recovery of attorney's fees in common law and statutory | ||
| tort claims. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 38.001(b), Civil Practice and Remedies | ||
| Code, is amended to read as follows: | ||
| (b) A person may recover reasonable attorney's fees from an | ||
| individual or organization other than a quasi-governmental entity | ||
| authorized to perform a function by state law, a religious | ||
| organization, a charitable organization, or a charitable trust, 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; [ |
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| (8) an oral or written contract; or | ||
| (9) a common law tort or a cause of action created by | ||
| statute for which an award of actual damages is authorized. | ||
| 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, 2023. | ||
