Amend CSHB 599 (Senate committee printing) as follows:
(1) Add the following appropriately numbered SECTIONS to
the bill and renumber the subsequent SECTIONS accordingly:
SECTION ____. The heading to Chapter 84, Government Code,
is amended to read as follows:
CHAPTER 84. [UNAUTHORIZED] ATTORNEY COMPENSATION
SECTION ____. Sections 84.001-84.004, Government Code, are
designated as Subchapter A, Chapter 84, Government Code, and a
subchapter heading is added to read as follows:
SUBCHAPTER A. UNAUTHORIZED ATTORNEY COMPENSATION
IN CRIMINAL MATTERS
SECTION ____. Chapter 84, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. DIVISION OF FEES
Sec. 84.051. DIVISION OF FEES BETWEEN ATTORNEYS NOT OF SAME
FIRM. An attorney may not divide a fee for legal services with
another attorney who is not a partner in or associate of the
attorney's law firm, unless:
(1) the client consents to employment of the other
attorney in writing after a full disclosure that the fees will be
divided;
(2) the division is in proportion to the services
performed by each attorney or, after providing written notice to
the client, each attorney assumes joint responsibility for the
representation; and
(3) the total fee of the attorneys does not exceed
reasonable compensation for all legal services the attorneys
provided to the client.
(2) Immediately following SECTION 25 of the bill (page 11,
between lines 15 and 16), insert the following:
(e) Section 84.051, Government Code, as added by this Act,
applies only to a contract for attorney's fees that is executed on
or after the effective date of this Act. A contract for fees that is
executed before the effective date of this Act is governed by the
law applicable to the contract immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.