Bill Text: TX SB1589 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the recovery of attorney's fees in cases involving veterinary malpractice or negligence.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1589 Detail]
Download: Texas-2019-SB1589-Introduced.html
86R12276 BRG-F | ||
By: Creighton | S.B. No. 1589 |
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relating to the recovery of attorney's fees in cases involving | ||
veterinary malpractice or negligence. | ||
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) 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. | ||
(b) For purposes of this section, a claim described by | ||
Subsection (a)(6) does not include a claim against a veterinarian, | ||
as defined by Section 801.002, Occupations Code, for veterinary | ||
malpractice or negligence. | ||
SECTION 2. The change in law made 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 immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |