| 2 | + | (In the Senate - Filed February 21, 2019; March 1, 2019, |
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| 3 | + | read first time and referred to Committee on Water & Rural Affairs; |
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| 4 | + | April 11, 2019, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 4, Nays 3; April 11, 2019, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 970 By: Creighton |
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| 2 | 9 | | |
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| 3 | 10 | | |
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| 4 | 11 | | A BILL TO BE ENTITLED |
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| 5 | 12 | | AN ACT |
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| 6 | 13 | | relating to the review and approval of contingent fee contracts for |
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| 7 | 14 | | certain public agencies. |
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| 8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 16 | | SECTION 1. Chapter 140, Local Government Code, is amended |
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| 10 | 17 | | by adding Section 140.012 to read as follows: |
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| 11 | 18 | | Sec. 140.012. CONTINGENT FEE CONTRACT APPROVAL REQUIRED FOR |
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| 12 | 19 | | PUBLIC AGENCIES. (a) A public agency as defined by Section |
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| 13 | 20 | | 30.003, Water Code, may not enter into a contract described by |
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| 14 | 21 | | Subchapter C, Chapter 2254, Government Code, without review and |
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| 15 | 22 | | approval by the attorney general. |
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| 16 | 23 | | (b) This section does not apply to: |
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| 17 | 24 | | (1) a contingent fee contract to collect delinquent ad |
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| 18 | 25 | | valorem taxes under Section 6.30, Tax Code, or Subchapter C, |
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| 19 | 26 | | Chapter 33, Tax Code; |
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| 20 | 27 | | (2) a contingent fee contract to collect delinquent |
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| 21 | 28 | | court fines and fees under Article 103.0031, Code of Criminal |
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| 22 | 29 | | Procedure; |
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| 23 | 30 | | (3) a contingent fee contract to collect delinquent |
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| 24 | 31 | | accounts receivable, including weed liens and paving liens, or |
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| 25 | 32 | | other special assessments; |
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| 26 | 33 | | (4) a contingent fee contract for services rendered in |
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| 27 | 34 | | connection with the issuance of a public security under Section |
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| 28 | 35 | | 1201.027, Government Code; or |
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| 29 | 36 | | (5) a type of contingent fee contract designated by |
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| 30 | 37 | | the attorney general by rule based on the insignificance of the risk |
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| 31 | 38 | | involved or the existence of statutory authority for the contract. |
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| 32 | 39 | | SECTION 2. Section 403.0305, Government Code, is repealed. |
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| 33 | 40 | | SECTION 3. The change in law made by this Act applies only |
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| 34 | 41 | | to a contract submitted for review and approval on or after the |
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| 35 | 42 | | effective date of this Act. A contract submitted before the |
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| 36 | 43 | | effective date of this Act is governed by the law as it existed |
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| 37 | 44 | | immediately before the effective date of this Act, and that law is |
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| 38 | 45 | | continued in effect for that purpose. |
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| 39 | 46 | | SECTION 4. This Act takes effect immediately if it receives |
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| 40 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 50 | | Act takes effect September 1, 2019. |
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