By: Kolkhorst, et al. H.B. No. 1259
COMMITTEE SUBSTITUTE FOR H.B. No. 1259By: Duncan By: Duncan
(In the Senate - Received from the House May 13, 2009;
May 14, 2009, read first time and referred to Committee on State
Affairs; May 22, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to hiring outside legal counsel to provide legal services
to the Teacher Retirement System of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 825.203, Government Code, is amended to
read as follows:
Sec. 825.203. LEGAL REPRESENTATION [ADVISER]. (a) The
attorney general of the state is the legal adviser of the board of
trustees. The attorney general shall represent the board in all
litigation.
(b) The board may not employ outside legal counsel to
provide legal services to the retirement system except as provided
by this section and Section 402.0212, regardless of the source of
funds to be used to pay the outside counsel. For purposes of this
section, "legal services" includes services provided by an attorney
regarding ethics and fiduciary responsibilities.
(c) The attorney general shall timely act on a request to
approve a contract for outside legal services under Section
402.0212. If the attorney general denies the board's request for
approval of a contract for outside legal services:
(1) the attorney general shall provide the board with
the reason for the denial; and
(2) the board may select alternative outside legal
counsel, subject to approval by the attorney general in accordance
with this section and Section 402.0212.
SECTION 2. Section 825.203(c), Government Code, as added by
this Act, applies only to a request to approve a contract for
outside legal services submitted by the Teacher Retirement System
of Texas on or after the effective date of this Act. A request
submitted before the effective date of this Act is governed by the
law in effect on the date the request was submitted and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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