By:  Bernsen                                          S.B. No. 1634
         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     amended to read as follows:
 1-7           (a)  If an insurance carrier requests that an attorney
 1-8     defending an insurance carrier obtain approval by the commission or
 1-9     court, the [The] amount of an attorney's fee for defending [an] the
1-10     insurance carrier in a workers' compensation action brought under
1-11     this subtitle must be approved by the commission or court and
1-12     determined by the commission or court to be reasonable and
1-13     necessary.
1-14           (b)  In determining whether a fee is reasonable under this
1-15     section, the commission or court shall consider issues analogous to
1-16     those listed under Section 408.221(c).  If requested by the
1-17     insurance carrier, the [The] defense counsel shall present written
1-18     evidence to the commission or court relating to:
1-19                 (1)  the time spent and expenses incurred in defending
1-20     the case; and
1-21                 (2)  other evidence considered necessary by the
1-22     commission or court in making a determination under this section.
1-23     (V.A.C.S. Art. 8308-4.091.)
 2-1           SECTION 2.  This Act takes effect September 1, 2001, and
 2-2     applies to attorneys' fees submitted for payment to an insurance
 2-3     carrier on or after that date.  Attorneys' fees submitted for
 2-4     payment to an insurance carrier before the effective date of this
 2-5     Act is governed by the law applicable immediately before the
 2-6     effective date of this Act, and that law is continued in effect for
 2-7     that purpose.