Texas House Bill HB4490

Texas 2009 - 81st Regular

Caption

Relating to certain contracts by certain governmental entities.

Impact

The immediate effect of the bill, contingent on a two-thirds majority vote, enables public agencies to contract for legal services on any basis as prescribed under the State Bar Rules of Professional Conduct. If not passed with the required majority, the bill will take effect on September 1, 2009. This change may result in quicker turnaround times for securing legal representation and services, impacting the operational efficiency of public agencies across Texas.

Summary

House Bill 4490 amends Section 403.0305 of the Government Code, focusing on the legal contracts entered into by public agencies defined under Section 30.003(3) of the Water Code. The bill seeks to provide these public agencies greater flexibility in contracting for legal fees by removing the requirement for review and approval by the comptroller. This change is intended to simplify the process for public entities, allowing them to engage legal services without bureaucratic impediments.

Contention

The discussions around HB 4490 highlight a key point of contention: the balance between allowing governmental entities autonomy in their contract dealings versus ensuring that such contracts are subject to oversight. Detractors may argue that removing the comptroller’s approval could lead to less accountability in how funds are utilized for legal services. Proponents, however, maintain that it reduces unnecessary delays in the procurement of legal assistance that could hinder public agency functions.