Amend CSSB 1628 (senate committee printing) as follows:
(1) In SECTION 10 of the bill, after amended Section 542.060(b), Insurance Code (page 4, between lines 4 and 5), insert the following appropriately lettered subsections and reletter subsections of amended Section 542.060, Insurance Code, appropriately:
(__) In determining the amount of attorney's fees awarded under Subsection (a), the trier of fact shall consider:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the claimant, that the acceptance of the particular employment will preclude other employment by the attorney;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the claimant or by the circumstances;
(6) the nature and length of the professional relationship with the claimant;
(7) the experience, reputation, and ability of the attorney performing the services; and
(8) whether the fee is fixed or contingent on results obtained or uncertainty of collection before the legal services have been rendered.
(__) An attorney may not share attorney's fees awarded under Subsection (a) with the claimant. If a court finds that an attorney has violated this subsection, the court shall order the attorney to pay a penalty in an amount equal to two times the amount shared with the claimant. A penalty under this section is payable to the court.