82R6646 CJC-F
By: Williams S.B. No. 1182
A BILL TO BE ENTITLED
AN ACT
relating to the review of certain documents by the attorney
general; imposing certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.006, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The attorney general may charge and collect a
nonrefundable administrative convenience fee for the electronic
submission of a document. The fee authorized by this section is in
addition to any other fee the attorney general may assess. The
attorney general may adopt rules necessary to administer this
subsection.
SECTION 2. Section 402.0212, Government Code, is amended to
read as follows:
Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE
COUNSEL; FEES. (a) Except as authorized by other law, a contract
for legal services between an attorney, other than a full-time
employee of the agency, and a state agency in the executive
department, other than an agency established by the Texas
Constitution, must be approved by the attorney general to be valid.
The attorney general shall provide legal services for a state
agency for which the attorney general determines those legal
services are appropriate and for which the attorney general denies
approval for a contract for those services under this subsection.
(b) An invoice submitted to a state agency under a contract
for legal services as described by Subsection (a) must be reviewed
by the attorney general to determine whether the invoice is
eligible for payment.
(c) An attorney or law firm must pay an administrative fee
to the attorney general for the review described in Subsection (b)
when entering into a contract to provide legal services to a state
agency.
(d) For purposes of this section, the functions of a hearing
examiner, administrative law judge, or other quasi-judicial
officer are not considered legal services.
(e) [(c)] This section shall not apply to the Texas Turnpike
Authority division of the Texas Department of Transportation.
(f) The attorney general may adopt rules as necessary to
implement and administer this section.
SECTION 3. Section 371.051, Transportation Code, is amended
to read as follows:
Sec. 371.051. ATTORNEY GENERAL REVIEW AND EXAMINATION FEE.
(a) A toll project entity may not enter into a comprehensive
development agreement unless the attorney general reviews the
proposed agreement and determines that it is legally sufficient.
(b) A toll project entity shall pay a nonrefundable
examination fee to the attorney general on submitting a proposed
comprehensive development agreement for review in an amount equal
to the greater of:
(1) one-seventeenth of one percent of any governmental
funds payable to the private participant under the proposed
comprehensive development agreement; or
(2) $9,500.
(c) If the toll project entity submits multiple proposed
comprehensive development agreements relating to the same toll
project for review, the entity shall pay the examination fee under
Subsection (b) for each proposed comprehensive development
agreement.
(d) The toll project entity may collect or seek
reimbursement of the examination fee under Subsection (b) from the
private participant under the proposed comprehensive development
agreement.
(e) The attorney general may adopt rules necessary to
implement this section.
SECTION 4. The fee prescribed by Section 402.006,
Government Code, as amended by this Act, applies only to a document
electronically submitted to the office of the attorney general on
or after the effective date of this Act.
SECTION 5. The fee prescribed by Section 402.0212,
Government Code, as amended by this Act, applies only to invoices
for legal services submitted to the office of the attorney general
for review on or after the effective date of this Act.
SECTION 6. The fee prescribed by Section 371.051,
Transportation Code, as amended by this Act, applies only to a
comprehensive development agreement submitted to the office of the
attorney general on or after the effective date of this Act.
SECTION 7. 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, 2011.