Texas 2019 - 86th Regular

Texas House Bill HB1834 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R13189~~ SRA-F
	1	+	86R8483 SRA-F
2	2		By: Ashby H.B. No. 1834
3		-	Substitute the following for H.B. No. 1834:
4		-	By: Meyer C.S.H.B. No. 1834
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to invoices and payments under certain state contracts for
10	8		outside legal services.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 402.0212, Government Code, is amended by
13		-	amending Subsection (b) and adding ~~Subsections~~ (b-1)~~, (b-2), and~~
14		-	~~(b-3) to read as~~ follows:
	11	+	amending Subsection (b) and adding Subsection (b-1) to read as
	12	+	follows:
15	13		(b) An invoice submitted to a state agency under a contract
16	14		for legal services as described by Subsection (a) must be:
17	15		(1) submitted to the attorney general by the agency's
18	16		office of general counsel not later than the 25th day after the date
19		-	the agency receives the invoice except as provided by Subsection
20		-	(b-2); and
21		-	(2) reviewed by the attorney general only to determine
22		-	whether the legal services for which the agency is billed were
23		-	performed within the term of the contract and are within the scope
24		-	of the legal services authorized by the contract and are therefore
25		-	[the invoice is] eligible for payment.
	17	+	the agency receives the invoice; and
	18	+	(2) reviewed by the attorney general to determine
	19	+	whether the legal services for which the agency is billed are within
	20	+	the terms and scope of the legal services authorized by the contract
	21	+	and therefore [the invoice is] eligible for payment.
26	22		(b-1) A state agency's office of general counsel shall
27	23		include with an invoice submitted under Subsection (b)(1) a written
28	24		certification that the legal services for which the agency is
29		-	billed were performed within the term of the contract, are within
30		-	the scope of the legal services authorized by the contract, and are
31		-	reasonably necessary to fulfill the purpose of the contract. To
32		-	certify an invoice under this subsection, a state agency must, at a
33		-	minimum, determine that the following items are supported by proper
34		-	documentation and submitted to the agency under the requirements of
35		-	the contract:
36		-	(1) the amount and types of expenses billed under the
37		-	invoice;
38		-	(2) the rates for legal services under the invoice;
39		-	and
40		-	(3) the number of hours billed for legal services
41		-	under the invoice.
42		-	(b-2) If a state agency that receives an invoice under a
43		-	contract for legal services as described by Subsection (a) rejects
44		-	or disputes the invoice as not certifiable under Subsection (b-1),
45		-	the agency shall, not later than the 21st day after the date the
46		-	agency receives the invoice, notify the attorney or law firm
47		-	providing the invoice and request a corrected invoice. The period
48		-	under Subsection (b)(1) begins on the date the agency receives a
49		-	corrected invoice that is certifiable under Subsection (b-1).
50		-	(b-3) If the attorney general rejects or disputes an invoice
51		-	and certification submitted by a state agency under this section,
52		-	the attorney general shall notify the agency that the invoice is not
53		-	eligible for payment. A state agency may submit a corrected invoice
54		-	and certification, and the requirements of Subsections (b), (b-1),
55		-	and (b-2) apply to the corrected invoice and certification.
	25	+	billed are within the terms and scope of the legal services
	26	+	authorized by the contract and reasonably necessary to fulfill the
	27	+	contract.
56	28		SECTION 2. Section 2251.021, Government Code, is amended by
57	29		amending Subsection (a) and adding Subsection (b-1) to read as
58	30		follows:
59	31		(a) Except as otherwise provided by this section
60	32		[Subsection (b)], a payment by a governmental entity under a
61	33		contract executed on or after September 1, 1987, is overdue on the
62	34		31st day after the later of:
63	35		(1) the date the governmental entity receives the
64	36		goods under the contract;
65	37		(2) the date the performance of the service under the
66	38		contract is completed; or
67	39		(3) the date the governmental entity receives an
68	40		invoice for the goods or service.
69	41		(b-1) A payment under a contract for legal services
70	42		described by Section 402.0212 owed by a state agency is overdue on
71	43		the 46th day after the date the agency receives an invoice for the
72	44		legal services.
73	45		SECTION 3. This Act takes effect September 1, 2019.