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.