82R22584 KCR-D
 
  By: Giddings H.B. No. 1871
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amount and payment of attorney's fees in certain
  workers' compensation cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 408.203(a), Labor Code, is amended to
  read as follows:
         (a)  An income or death benefit is subject only to the
  following lien or claim, to the extent the benefit is unpaid on the
  date the insurance carrier receives written notice of the lien or
  claim, in the following order of priority:
               (1)  an attorney's fee for representing an employee or
  legal beneficiary in a matter arising under this subtitle, payment
  of which must be made in proportionate shares to each attorney with
  an outstanding lien if more than one attorney has an outstanding
  lien;
               (2)  court-ordered child support; or
               (3)  a subrogation interest established under this
  subtitle.
         SECTION 2.  Section 408.221(i), Labor Code, is amended to
  read as follows:
         (i)  Except as provided by Subsection (c) or Section
  408.147(c), an attorney's fee or, if applicable, the aggregated
  fees of more than one attorney may not exceed 25 percent of the
  claimant's recovery.
         SECTION 3.  The change in law made by this Act applies only
  to a claim for workers' compensation benefits based on a
  compensable injury that occurs on or after the effective date of
  this Act. A claim based on a compensable injury that occurs before
  the effective date of this Act is governed by the law in effect on
  the date the compensable injury occurred, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.