By:  Bernsen                                          S.B. No. 1633
         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 approval of attorneys' fees for defending an
 1-3     insurance company in a workers' compensation claim.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 408.222 (a) and (b), Labor Code, are
 1-6     repealed as follows:
 1-7     [(a)  The amount of an attorney's fee for defending an insurance
 1-8     carrier in a workers' compensation action brought under this
 1-9     subtitle must be approved by the commission or court and determined
1-10     by the commission or court to be reasonable and necessary.]
1-11     [(b)  In determining whether a fee is reasonable under this section,
1-12     the commission or court shall consider issues analogous to those
1-13     listed under Section 408.221(c).  The defense counsel shall present
1-14     written evidence to the commission or court relating to:]
1-15     [(1)  the time spent and expenses incurred in defending the case;
1-16     and]
1-17     [(2)  other evidence considered necessary by the commission or court
1-18     in making a determination under this section.  (V.A.C.S. Art.
1-19     8308-4.091.)]
1-20           SECTION 2.  This Act takes effect September 1, 2001, and
1-21     applies to attorneys' fees submitted for payment to an insurance
1-22     carrier on or after that date.  Attorneys' fees submitted for
1-23     payment to an insurance carrier before the effective date of this
 2-1     Act is governed by the law applicable immediately before the
 2-2     effective date of this Act, and that law is continued in effect for
 2-3     that purpose.