| 1 | 1 | | 87R9187 MWC-D |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 2817 |
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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 requirement that attorneys employed by or |
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| 8 | 8 | | contracting with the attorney general document and maintain records |
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| 9 | 9 | | of hours spent on state legal actions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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| 12 | 12 | | amended by adding Section 402.022 to read as follows: |
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| 13 | 13 | | Sec. 402.022. TIME RECORDS REQUIRED. (a) This section |
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| 14 | 14 | | applies to an attorney employed by or under contract with the |
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| 15 | 15 | | attorney general to provide legal services for a legal action or |
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| 16 | 16 | | proceeding. |
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| 17 | 17 | | (b) An attorney subject to this section shall: |
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| 18 | 18 | | (1) document the number of hours the attorney provides |
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| 19 | 19 | | services for an action or proceeding; and |
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| 20 | 20 | | (2) maintain a record of the hours documented under |
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| 21 | 21 | | Subdivision (1). |
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| 22 | 22 | | (c) The attorney shall permit the attorney general and the |
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| 23 | 23 | | state auditor on request to inspect or obtain copies of the record |
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| 24 | 24 | | maintained by the attorney under Subsection (b)(2). |
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| 25 | 25 | | (d) On conclusion of a legal action for which an attorney |
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| 26 | 26 | | provides legal services, the attorney shall submit to the attorney |
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| 27 | 27 | | general a written statement of the total number of hours the |
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| 28 | 28 | | attorney spent providing services for the action and a copy of the |
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| 29 | 29 | | record required under Subsection (b)(2). The statement required by |
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| 30 | 30 | | this subsection is public information under Chapter 552 and may not |
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| 31 | 31 | | be withheld from a requestor under Section 552.103 or any other |
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| 32 | 32 | | exception from required disclosure provided under that chapter. |
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| 33 | 33 | | (e) Except as otherwise provided by this subsection, all |
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| 34 | 34 | | records maintained under Subsection (b)(2) are public information |
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| 35 | 35 | | subject to required public disclosure under Chapter 552. |
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| 36 | 36 | | Information in the records may be withheld from a member of the |
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| 37 | 37 | | public under Section 552.103 only if, in addition to meeting the |
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| 38 | 38 | | requirements of that section, the attorney general or an employee |
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| 39 | 39 | | of the attorney general determines that withholding the information |
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| 40 | 40 | | is necessary to protect the attorney general's strategy or position |
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| 41 | 41 | | in pending or reasonably anticipated litigation. Information |
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| 42 | 42 | | withheld from public disclosure under this subsection must be |
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| 43 | 43 | | segregated from information that is subject to required public |
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| 44 | 44 | | disclosure. |
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| 45 | 45 | | SECTION 2. Section 402.022, Government Code, as added by |
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| 46 | 46 | | this Act, applies only to a legal action or proceeding initiated on |
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| 47 | 47 | | or after the effective date of this Act. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2021. |
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