1-1 By: Ellis S.B. No. 321
1-2 (In the Senate - Filed January 29, 1999; February 2, 1999,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 11, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 11, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 321 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to collection of attorney's fees in certain contract
1-11 actions.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 38.006, Civil Practice and Remedies Code,
1-14 is amended to read as follows:
1-15 Sec. 38.006. EXCEPTIONS. This chapter does not apply to a
1-16 contract issued by an insurer to the extent fees are recovered
1-17 under [that is subject to the provisions of]:
1-18 (1) [Article 3.62, Insurance Code;]
1-19 [(2) Section 1, Chapter 387, Acts of the 55th
1-20 Legislature, Regular Session, 1957 (Article 3.62-1, Vernon's Texas
1-21 Insurance Code);]
1-22 [(3)] Chapter 9, Insurance Code;
1-23 (2) [(4)] Article 21.21, Insurance Code; [or]
1-24 (3) [(5)] the Unfair Claim Settlement Practices Act
1-25 (Article 21.21-2, Insurance Code); or
1-26 (4) Article 21.55, Insurance Code.
1-27 SECTION 2. The importance of this legislation and the
1-28 crowded condition of the calendars in both houses create an
1-29 emergency and an imperative public necessity that the
1-30 constitutional rule requiring bills to be read on three several
1-31 days in each house be suspended, and this rule is hereby suspended,
1-32 and that this Act take effect and be in force from and after its
1-33 passage, and it is so enacted.
1-34 * * * * *