| 1 | 1 | | By: Ogden S.B. No. 367 |
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| 2 | 2 | | (Cook) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the review by the attorney general of invoices related |
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| 8 | 8 | | to legal services provided to state agencies by outside counsel. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 402.0212, Government Code, is amended by |
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| 11 | 11 | | amending Subsections (b) and (c) and adding Subsections (d), (e), |
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| 12 | 12 | | and (f) to read as follows: |
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| 13 | 13 | | (b) An invoice submitted to a state agency under a contract |
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| 14 | 14 | | for legal services as described by Subsection (a) must be reviewed |
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| 15 | 15 | | by the attorney general to determine whether the invoice is |
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| 16 | 16 | | eligible for payment. |
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| 17 | 17 | | (c) An attorney or law firm must pay an administrative fee |
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| 18 | 18 | | to the attorney general for the review described in Subsection (b) |
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| 19 | 19 | | when entering into a contract to provide legal services to a state |
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| 20 | 20 | | agency. |
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| 21 | 21 | | (d) For purposes of this section, the functions of a hearing |
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| 22 | 22 | | examiner, administrative law judge, or other quasi-judicial |
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| 23 | 23 | | officer are not considered legal services. |
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| 24 | 24 | | (e) [(c)] This section shall not apply to the Texas Turnpike |
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| 25 | 25 | | Authority division of the Texas Department of Transportation. |
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| 26 | 26 | | (f) The attorney general may adopt rules as necessary to |
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| 27 | 27 | | implement and administer this section. |
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| 28 | 28 | | SECTION 2. The changes in law made by this Act apply only to |
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| 29 | 29 | | a contract for legal services between a state agency and a private |
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| 30 | 30 | | attorney or law firm entered into on or after the effective date of |
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| 31 | 31 | | this Act. A contract for legal services between a state agency and |
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| 32 | 32 | | a private attorney or law firm entered into before the effective |
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| 33 | 33 | | date of this Act is governed by the law in effect at the time the |
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| 34 | 34 | | contract was entered into, and the former law is continued in effect |
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| 35 | 35 | | for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2011. |
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