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.