85th Texas Legislature, Regular Session, House Bill 1774, Chapter 151 Page: 11 of 16
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H.B. No. 1774
1 attorney's fees supported at trial by sufficient evidence and
2 determined by the trier of fact to have been incurred by the
3 claimant in bringing the action if the amount calculated under
4 Subsection (a)(3)(A) is:
5 (1) greater than or equal to 0.8;
6 (2) not limited by this section or another law; and
7 (3) otherwise recoverable under law.
8 (c) The court may not award attorney's fees to the claimant
9 if the amount calculated under Subsection (a)(3)(A) is less than
10 0.2.
11 (d) If a defendant in an action to which this chapter
12 applies pleads and proves that the defendant was entitled to but was
13 not given a presuit notice stating the specific amount alleged to be
14 owed by the insurer under Section 542A.003(b)(2) at least 61 days
15 before the date the action was filed by the claimant, the court may
16 not award to the claimant any attorney's fees incurred after the
17 date the defendant files the pleading with the court. A pleading
18 under this subsection must be filed not later than the 30th day
19 after the date the defendant files an original answer in the court
20 in which the action is pending.
21 SECTION 4. (a) Section 541.156, Insurance Code, as amended
22 by this Act, and Chapter 542A, Insurance Code, as added by this Act,
23 apply only to an action filed on or after the effective date of this
24 Act. An action that is filed before the effective date of this Act
25 is governed by the law as it existed immediately before the
26 effective date of this Act, and that law is continued in effect for
27 that purpose.11
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Texas. Legislature. House of Representatives. 85th Texas Legislature, Regular Session, House Bill 1774, Chapter 151, legislative document, May 26, 2017; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth1050483/m1/11/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.