Texas § CP.140.007 - ATTORNEY'S FEES IN RECOVERY ACTION

Full text of Texas The Texas Constitution § CP.140.007 — ATTORNEY'S FEES IN RECOVERY ACTION, with citation guidance and answers to common questions.

§ CP.140.007. ATTORNEY'S FEES IN RECOVERY ACTION

ATTORNEY'S FEES IN RECOVERY ACTION. (a) Except as provided by Subsection (c), a payor of benefits whose interest is not actively represented by an attorney in an action to recover for a personal injury to a covered individual shall pay to an attorney representing the covered individual a fee in an amount determined under an agreement entered into between the attorney and the payor plus a pro rata share of expenses incurred in connection with the recovery. (b) Except as provided by Subsection (c), in the absence of an agreement described by Subsection (a), the court shall award to the attorney, payable out of the payor's share of the total gross recovery, a reasonable fee for recovery of the payor's share, not to exceed one-third of the payor's recovery. (c) If an attorney representing the payor's interest actively participates in obtaining a recovery, the court shall award and apportion between the covered individual's and the payor's attorneys a fee payable out of the payor's subrogation recovery. In apportioning the award, the court shall consider the benefit accruing to the payor as a result of each attorney's service. The total attorney's fees may not exceed one-third of the payor's recovery. Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869 ), Sec. 1, eff. January 1, 2014.

Source: official Texas text · Last verified 2026-08-27

Frequently Asked Questions About Texas § CP.140.007

What does The Texas Constitution § CP.140.007 cover?

Section CP.140.007 ("ATTORNEY'S FEES IN RECOVERY ACTION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Texas § CP.140.007?

A common citation format is "The Texas Constitution § CP.140.007" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Texas law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.

How does Texas § CP.140.007 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Texas.