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.