# Tex. Civil Practice and Remedies Code § 140.007: ATTORNEY'S FEES IN RECOVERY ACTION

> Texas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.007

## Section

- **Citation:** Tex. Civil Practice and Remedies Code § 140.007
- **Heading:** ATTORNEY'S FEES IN RECOVERY ACTION
- **Jurisdiction:** Texas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TX Code / Code cp / Chapter 140 / Section 140.007

## Text

(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.

## Nearby sections

- [Tex. Civil Practice and Remedies Code § 140.001 § 140.001. DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.001.md)
- [Tex. Civil Practice and Remedies Code § 140.002 § 140.002. APPLICABILITY OF CHAPTER.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.002.md)
- [Tex. Civil Practice and Remedies Code § 140.003 § 140.003. CONFLICTS WITH OTHER LAW.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.003.md)
- [Tex. Civil Practice and Remedies Code § 140.004 § 140.004. CONTRACTUAL SUBROGATION RIGHTS AUTHORIZED.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.004.md)
- [Tex. Civil Practice and Remedies Code § 140.005 § 140.005. PAYORS' RECOVERY LIMITED.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.005.md)
- [Tex. Civil Practice and Remedies Code § 140.006 § 140.006. ATTORNEY'S FEES IN DECLARATORY JUDGMENT ACTION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.006.md)
- [Tex. Civil Practice and Remedies Code § 140.007 § 140.007. ATTORNEY'S FEES IN RECOVERY ACTION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.007.md)
- [Tex. Civil Practice and Remedies Code § 140.008 § 140.008. FIRST-PARTY RECOVERY.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.008.md)
- [Tex. Civil Practice and Remedies Code § 140.009 § 140.009. CONSTRUCTION OF CHAPTER.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.009.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.007. Check the current official text before relying on it. Not legal advice.