CIVIL PRACTICE & REMEDIES CODE
CHAPTER 38. ATTORNEY'S FEES
§ 38.001. RECOVERY OF ATTORNEY'S FEES. A person may
recover reasonable attorney's fees from 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.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 38.002. PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES. To
recover attorney's fees under this chapter:
(1) the claimant must be represented by an attorney;
(2) the claimant 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.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 38.003. PRESUMPTION. It is presumed that the usual
and customary attorney's fees for a claim of the type described in
Section 38.001 are reasonable. The presumption may be rebutted.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 38.004. JUDICIAL NOTICE. The court may take judicial
notice of the usual and customary attorney's fees and of the
contents of the case file without receiving further evidence in:
(1) a proceeding before the court; or
(2) a jury case in which the amount of attorney's fees
is submitted to the court by agreement.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 38.005. LIBERAL CONSTRUCTION. This chapter shall be
liberally construed to promote its underlying purposes.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 38.006. EXCEPTIONS. This chapter does not apply to a
contract issued by an insurer that is subject to the provisions of:
(1) Article 3.62, Insurance Code;
(2) Section 1, Chapter 387, Acts of the 55th
Legislature, Regular Session, 1957 (Article 3.62-1, Vernon's Texas
Insurance Code);
(3) Chapter 9, Insurance Code;
(4) Article 21.21, Insurance Code; or
(5) the Unfair Claim Settlement Practices Act (Article
21.21-2, Insurance Code).
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
