Texas Civil Practice and Remedies Code 38.002 – Procedure for Recovery of Attorney’s Fees
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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.