ATTORNEY'S FEES STATUTES
Tex. Civ. Prac. & Rem. Code, Chapter 38
§ 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 materials;
(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.
§ 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.
§ 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.
§ 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.
§ 38.005. Liberal Construction
This chapter shall be liberally construed to promote its underlying
purposes.