By: Ogden S.B. No. 367
(Cook)
A BILL TO BE ENTITLED
AN ACT
relating to the review by the attorney general of invoices related
to legal services provided to state agencies by outside counsel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.0212, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsections (d), (e),
and (f) to read as follows:
(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 2. The changes in law made by this Act apply only to
a contract for legal services between a state agency and a private
attorney or law firm entered into on or after the effective date of
this Act. A contract for legal services between a state agency and
a private attorney or law firm entered into before the effective
date of this Act is governed by the law in effect at the time the
contract was entered into, and the former 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, 2011.