| 1 | 1 | | 87R10138 CJC-D |
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| 2 | 2 | | By: Huffman S.B. No. 1370 |
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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 approval by the comptroller of certain contracts |
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| 8 | 8 | | for legal services between an attorney and the attorney general. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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| 11 | 11 | | amended by adding Section 402.0211 to read as follows: |
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| 12 | 12 | | Sec. 402.0211. CONTRACTS FOR OUTSIDE COUNSEL RETAINED BY |
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| 13 | 13 | | ATTORNEY GENERAL. (a) This section applies only to a contract |
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| 14 | 14 | | between an attorney, other than an attorney who is a full-time |
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| 15 | 15 | | employee of the office of attorney general, and the attorney |
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| 16 | 16 | | general for the performance of legal services authorized or |
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| 17 | 17 | | required to be performed by the attorney general under this chapter |
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| 18 | 18 | | or other law. |
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| 19 | 19 | | (b) A contract to which this section applies must be |
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| 20 | 20 | | approved by the comptroller to be valid. If the comptroller denies |
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| 21 | 21 | | approval of a contract under this section, the attorney general |
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| 22 | 22 | | shall provide the legal services that are the subject of the |
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| 23 | 23 | | contract in the manner required under this chapter. |
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| 24 | 24 | | (c) An invoice from an attorney submitted to the attorney |
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| 25 | 25 | | general under a contract for legal services as described by |
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| 26 | 26 | | Subsection (a) must be: |
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| 27 | 27 | | (1) except as provided by Subsection (e), submitted to |
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| 28 | 28 | | the comptroller by the attorney general not later than the 25th day |
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| 29 | 29 | | after the date the attorney general receives the invoice; and |
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| 30 | 30 | | (2) reviewed by the comptroller only to determine |
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| 31 | 31 | | whether the legal services for which the attorney general is billed |
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| 32 | 32 | | were performed within the term of the contract and are within the |
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| 33 | 33 | | scope of the legal services authorized by the contract and are |
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| 34 | 34 | | therefore eligible for payment. |
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| 35 | 35 | | (d) The attorney general shall include with an invoice |
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| 36 | 36 | | submitted under Subsection (c)(1) a written certification that the |
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| 37 | 37 | | legal services for which the attorney general is billed were |
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| 38 | 38 | | performed within the term of the contract, are within the scope of |
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| 39 | 39 | | the legal services authorized by the contract, and are reasonably |
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| 40 | 40 | | necessary to fulfill the purpose of the contract. To certify an |
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| 41 | 41 | | invoice under this subsection, the attorney general must, at a |
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| 42 | 42 | | minimum, determine that the following items are supported by proper |
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| 43 | 43 | | documentation and submitted to the attorney general under the |
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| 44 | 44 | | requirements of the contract: |
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| 45 | 45 | | (1) the amount and types of expenses billed under the |
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| 46 | 46 | | invoice; |
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| 47 | 47 | | (2) the rates for legal services under the invoice; |
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| 48 | 48 | | and |
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| 49 | 49 | | (3) the number of hours billed for legal services |
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| 50 | 50 | | under the invoice. |
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| 51 | 51 | | (e) If the attorney general receives an invoice under a |
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| 52 | 52 | | contract for legal services as described by Subsection (a) and |
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| 53 | 53 | | rejects or disputes the invoice as not certifiable under Subsection |
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| 54 | 54 | | (d), the attorney general shall, not later than the 21st day after |
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| 55 | 55 | | the date the attorney general receives the invoice, notify the |
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| 56 | 56 | | attorney or law firm providing the invoice and request a corrected |
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| 57 | 57 | | invoice. The period under Subsection (c)(1) begins on the date the |
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| 58 | 58 | | attorney general receives a corrected invoice that is certifiable |
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| 59 | 59 | | under Subsection (d). |
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| 60 | 60 | | (f) If the comptroller rejects or disputes an invoice and |
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| 61 | 61 | | certification submitted by the attorney general under this section, |
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| 62 | 62 | | the comptroller shall notify the attorney general that the invoice |
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| 63 | 63 | | is not eligible for payment. The attorney general may submit a |
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| 64 | 64 | | corrected invoice and certification, and the requirements of |
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| 65 | 65 | | Subsections (c), (d), and (e) apply to the corrected invoice and |
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| 66 | 66 | | certification. |
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| 67 | 67 | | (g) An attorney or law firm must pay an administrative fee |
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| 68 | 68 | | to the comptroller for the review described in Subsection (c) when |
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| 69 | 69 | | entering into a contract to provide legal services to the attorney |
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| 70 | 70 | | general. |
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| 71 | 71 | | (h) The comptroller may adopt rules as necessary to |
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| 72 | 72 | | implement and administer this section. |
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| 73 | 73 | | SECTION 2. The heading to Section 402.0212, Government |
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| 74 | 74 | | Code, is amended to read as follows: |
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| 75 | 75 | | Sec. 402.0212. PROVISION OF LEGAL SERVICES TO STATE |
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| 76 | 76 | | AGENCIES--OUTSIDE COUNSEL. |
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| 77 | 77 | | SECTION 3. The change in law made by this Act applies only |
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| 78 | 78 | | to a contract entered into on or after the effective date of this |
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| 79 | 79 | | Act. A contract entered into before the effective date of this Act |
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| 80 | 80 | | is governed by the law in effect immediately before the effective |
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| 81 | 81 | | date of this Act, and that law is continued in effect for that |
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| 82 | 82 | | purpose. |
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| 83 | 83 | | SECTION 4. This Act takes effect September 1, 2021. |
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