Texas Civil Practice and Remedies Code - CIV PRAC & REM § 38.002. Procedure for Recovery of Attorney's Fees

(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.