By Giddings H.B. No. 3550
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of certain attorney's fees in worker's
1-3 compensation benefit matters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter L, Section 408.221(b), Labor Code is
1-6 amended to read as follows:
1-7 Section 408.221. ATTORNEY'S FEES PAID TO CLAIMANT'S COUNSEL.
1-8 (a) An attorney's fees, including a contingency fee, for
1-9 representing a claimant before the commission or court under this
1-10 subtitle must be approved by the commission or court.
1-11 (b) Except as otherwise provided, an attorney's fee, under
1-12 this section is based on the attorney's time and expenses according
1-13 to written evidence presented to the commission or court. Except
1-14 as provided by Section 408.147(c), the attorney's fee shall be paid
1-15 from the claimant's recovery[.] unless claimant prevails on any
1-16 disputed issue, then carrier shall be responsible for attorney's
1-17 fees equivalent to 25% of the claimants income benefits.
1-18 SECTION 2. This Act takes effect September 1, 1999.
1-19 SECTION 3. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.