ATTORNEY'S FEES

Tex. CIV. PRAC. & REM Code ch. 38
in effect

Tex. CIV. PRAC. & REM Code § 38.001. RECOVERY OF ATTORNEY'S FEES.

(a) In this section, "organization" has the meaning assigned by Section 1.002 , Business Organizations Code. (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; or (8) an oral or written contract.

Tex. CIV. PRAC. & REM Code § 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.

Tex. CIV. PRAC. & REM Code § 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.

Tex. CIV. PRAC. & REM Code § 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.

Tex. CIV. PRAC. & REM Code § 38.006. EXCEPTIONS.

This chapter does not apply to a contract issued by an insurer that is subject to the provisions of: (1) Title 11, Insurance Code; (2) Chapter 541 , Insurance Code; (3) the Unfair Claim Settlement Practices Act (Subchapter A , Chapter 542 , Insurance Code); or (4) Subchapter B , Chapter 542 , Insurance Code.

Tex. CIV. PRAC. & REM Code § 38.0015. RECOVERY OF ATTORNEY'S FEES AS COMPENSATORY DAMAGES.

(a) A person may recover reasonable attorney's fees from an individual, corporation, or other entity from which recovery is permitted under Section 38.001 as compensatory damages for breach of a construction contract as defined by Section 130.001 . (b) This section may not be construed to create or imply a private cause of action or independent basis to recover attorney's fees. Added by Acts 2021, 87th Leg., R.S., Ch. 1015 (H.B. 2416 ), Sec. 1, eff. September 1, 2021.
Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/28/2026