By Hunter of Nueces                                   H.B. No. 2678
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain fees collected 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 82.067 to read as follows:
    1-6        Sec. 82.067.  REFERRAL FEES.  (a)  An attorney may not divide
    1-7  a fee with another attorney who is not in the same firm unless:
    1-8              (1)  the client is aware of and agrees in writing to:
    1-9                    (A)  the fee division arrangement; and
   1-10                    (B)  the participation of all of the attorneys
   1-11  involved; and
   1-12              (2)  the fee is not an unreasonable or unconscionable
   1-13  fee under the Texas Disciplinary Rules of Professional Conduct.
   1-14        (b)  An attorney may not advance or loan to another attorney
   1-15  any fee divided as authorized by Subsection (a).
   1-16        SECTION 2.  This Act takes effect September 1, 1995, and
   1-17  applies only to an agreement made or a fee charged for services
   1-18  rendered by an attorney on or after that date.  An agreement made
   1-19  or a fee charged for services rendered by an attorney before the
   1-20  effective date of this Act is governed by the law in effect on the
   1-21  date the services were rendered, and the former law is continued in
   1-22  effect for that purpose.
   1-23        SECTION 3.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.