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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount and payment of attorney's fees in certain |
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workers' compensation cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.203(a), Labor Code, is amended to |
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read as follows: |
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(a) An income or death benefit is subject only to the |
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following lien or claim, to the extent the benefit is unpaid on the |
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date the insurance carrier receives written notice of the lien or |
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claim, in the following order of priority: |
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(1) an attorney's fee for representing an employee or |
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legal beneficiary in a matter arising under this subtitle, payment |
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of which must be made in proportionate shares to each attorney with |
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an outstanding lien if more than one attorney has an outstanding |
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lien; |
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(2) court-ordered child support; or |
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(3) a subrogation interest established under this |
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subtitle. |
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SECTION 2. Section 408.221(i), Labor Code, is amended to |
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read as follows: |
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(i) Except as provided by Subsection (c) or Section |
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408.147(c), an attorney's fee or, if applicable, the aggregated |
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fees of more than one attorney may not exceed 25 percent of the |
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claimant's recovery. |
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SECTION 3. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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the effective date of this Act is governed by the law in effect on |
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the date the compensable injury occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |