The Dallas Court of Appeals, in Popcap Games, Inc. v. MumboJumbo, 317 S.W.3d, 913, 914 (Tex. App. -- Dallas 2010, pet. filed), held that attorney's fees awarded under a statute are not "compensatory damages" that must be superseded on appeal under Sec. 52.006(a) of the Texas Civil Practices And Remedies Code.
Citing the 2003 amendments to Chapter 52 of the Texas Civil Practices And Remedies Code, which was part of the infamous HB4 passed in 2003, the Court agreed with the Austin Court of Appeals in Shook v. Walden, 304 S.W.3d 910, 918-919 (Tex. App. – Austin 2010, no writ), that the 2003 amendments reflect a policy shift away from a primary goal of protecting judgment creditors toward the goal of protecting judgment debtors' ability to appeal.
The Court observed that it would reach a different conclusion in the event a contract between the parties provided that attorneys' fees could be recovered as compensatory damages.
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