87R9187 MWC-D
By: Turner of Tarrant H.B. No. 2817
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that attorneys employed by or
contracting with the attorney general document and maintain records
of hours spent on state legal actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.022 to read as follows:
Sec. 402.022. TIME RECORDS REQUIRED. (a) This section
applies to an attorney employed by or under contract with the
attorney general to provide legal services for a legal action or
proceeding.
(b) An attorney subject to this section shall:
(1) document the number of hours the attorney provides
services for an action or proceeding; and
(2) maintain a record of the hours documented under
Subdivision (1).
(c) The attorney shall permit the attorney general and the
state auditor on request to inspect or obtain copies of the record
maintained by the attorney under Subsection (b)(2).
(d) On conclusion of a legal action for which an attorney
provides legal services, the attorney shall submit to the attorney
general a written statement of the total number of hours the
attorney spent providing services for the action and a copy of the
record required under Subsection (b)(2). The statement required by
this subsection is public information under Chapter 552 and may not
be withheld from a requestor under Section 552.103 or any other
exception from required disclosure provided under that chapter.
(e) Except as otherwise provided by this subsection, all
records maintained under Subsection (b)(2) are public information
subject to required public disclosure under Chapter 552.
Information in the records may be withheld from a member of the
public under Section 552.103 only if, in addition to meeting the
requirements of that section, the attorney general or an employee
of the attorney general determines that withholding the information
is necessary to protect the attorney general's strategy or position
in pending or reasonably anticipated litigation. Information
withheld from public disclosure under this subsection must be
segregated from information that is subject to required public
disclosure.
SECTION 2. Section 402.022, Government Code, as added by
this Act, applies only to a legal action or proceeding initiated on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.