By: Creighton S.B. No. 970
A BILL TO BE ENTITLED
AN ACT
relating to the review and approval of contingent fee contracts for
certain public agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 140, Local Government Code, is amended
by adding Section 140.012 to read as follows:
Sec. 140.012. CONTINGENT FEE CONTRACT APPROVAL REQUIRED FOR
PUBLIC AGENCIES. (a) A public agency as defined by Section
30.003, Water Code, may not enter into a contract described by
Subchapter C, Chapter 2254, Government Code, without review and
approval by the attorney general.
(b) This section does not apply to:
(1) a contingent fee contract to collect delinquent ad
valorem taxes under Section 6.30, Tax Code, or Subchapter C,
Chapter 33, Tax Code;
(2) a contingent fee contract to collect delinquent
court fines and fees under Article 103.0031, Code of Criminal
Procedure;
(3) a contingent fee contract to collect delinquent
accounts receivable, including weed liens and paving liens, or
other special assessments;
(4) a contingent fee contract for services rendered in
connection with the issuance of a public security under Section
1201.027, Government Code; or
(5) a type of contingent fee contract designated by
the attorney general by rule based on the insignificance of the risk
involved or the existence of statutory authority for the contract.
SECTION 2. Section 403.0305, Government Code, is repealed.
SECTION 3. The change in law made by this Act applies only
to a contract submitted for review and approval on or after the
effective date of this Act. A contract submitted before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. 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, 2019.