The Laws of Texas, 1929-1931 [Volume 27] Page: 581 of 1,943

                                
FORTY-SECOND LEGISLATURE-REGULAR SESSION.         135
MAKING TAXABLE ATTORNEY'S FEES RECOVERABLE
FOR PROSECUTION IN INSURANCE.
S. B. No. 372.]          CHAPTER 91.
An Act to amend Article 4736, Revised Civil Statutes of Texas, providing
that attorneys' fees recoverable for the prosecution and collection of
unpaid losses under life and accident, health and accident, and life,
health and accident insurance policies shall be taxable as costs in suits
filed thereon; and that in arriving at such reasonable attorneys' fees,
the Court shall consider benefits to accrue on such policies on account
of such suit; and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 4736, Revised Civil Statutes of
Texas, 1925, be, and the same is hereby amended so that hereafter
it shall read as follows:
"In all cases where a loss occurs and the life insurance company,
or accident insurance company, or life and accident, health
and accident, or life, health and accident insurance company
liable therefor shall fail to pay the same within thirty days
after demand therefor, such company shall be liable to pay the
holder of such policy, in addition to the amount of the loss,
twelve percent damages on the amount of such loss together
with reasonable attorney fees for the prosecution and collection
of such loss. Such attorney fee shall be taxed as a part of the
costs in the case. The Court in fixing such fees shall take into
consideration all benefits to the insured incident to the prosecution
of the suit, accrued and to accrue on account of such
policy."
SEC. 2. The fact that Article 4736 is now indefinite as to
the elements to be taken into consideration in fixing the attorney
fees, and that the same are not now taxable as costs creates
an emergency and an imperative public necessity, that the constitutional
Rule requiring bills to be read on three several days
be and the same is hereby suspended, and that this Act shall
take effect and be in force from and after its passage, and it
is so enacted.
Approved April 27, 1931.
Effective April 27, 1931.
[NOTE: S. B. No. 372 passed the Senate by a vote of 29 yeas,
0 nays; passed the House by a vote of 103 yeas, 4 nays.]