By Tillery                                            H.B. No. 1624
       74R6293 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain fees charged by attorneys.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter C, Chapter 82, Government Code, is
    1-5  amended by adding Section 82.0655 to read  as follows:
    1-6        Sec. 82.0655.  ATTORNEY PAID BASED ON TIME WORKED; MULTIPLE
    1-7  BILLINGS PROHIBITED.  (a)  Except as provided by Subsection (b), an
    1-8  attorney paid on an hourly basis or otherwise on the basis of time
    1-9  may not charge a rate that exceeds $150 per hour.
   1-10        (b)  An attorney may apply to a district court for authority
   1-11  to charge a fee in excess of $150.  The court shall grant the
   1-12  application if it finds that the fee is necessary and reasonable
   1-13  for the particular representation.  An attorney paid on an hourly
   1-14  basis or otherwise on the basis of time worked on behalf of a
   1-15  client may not bill more than one client for any segment of time or
   1-16  period of time worked.
   1-17        (c)  A violation of this section is a false, deceptive, or
   1-18  misleading act or practice for purposes of Section 17.46, Business
   1-19  & Commerce Code, and is subject to the remedies provided under
   1-20  Section 17.41 et seq., Business & Commerce Code.
   1-21        (d)  An attorney who violates this section is subject to
   1-22  professional discipline for professional misconduct under
   1-23  Subchapter E, Chapter 81, and to suspension or disbarment for
   1-24  fraudulent conduct under Section 82.062.
    2-1        SECTION 2.  This Act takes effect September 1, 1995, and
    2-2  applies only to conduct that occurs on or after the effective date
    2-3  of this Act.  Conduct that occurred before the effective date of
    2-4  this Act is governed by the law applicable to the conduct
    2-5  immediately before the effective date of this Act, and that law is
    2-6  continued in effect for that purpose.
    2-7        SECTION 3.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended.