Filed July 15, 2016
62 TEX. CIV. PRAC. & REM. CODE § 38.001(8).
Filed August 10, 2018
What’s more, under Texas law, the recovery of attorneys' fees must be authorized by statute, see Tony Gullo Motors I, LP v. Chapa, 212 S.W.3d 299, 310 (Tex. 2006), and we have been offered no such authorization here. While Texas law authorizes the recovery of attorneys' fees for claims based on “an oral or written contract,”—as well as seven other categories of claims not relevant here—see Tex. Civ. Prac. & Rem. Code § 38.001(8), for claims involving the breach of a covenant not to compete, section 15.51(c) of the Texas Business and Commerce Code “preempts an award of [attorney's] fees under any other law.” Glattly v. Air Starter Components, Inc., 332 S.W.3d 620, 645 (Tex. App.—Houston [1st Dist.] 2010, pet. denied) (alternation in original) (quoting Perez v. Tex. Disposal Sys., Inc., 103 S.W.3d 591, 594 (Tex. App.—San Antonio 2013, pet. denied)).