87R10138 CJC-D
By: Huffman S.B. No. 1370
A BILL TO BE ENTITLED
AN ACT
relating to the approval by the comptroller of certain contracts
for legal services between an attorney and the attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.0211 to read as follows:
Sec. 402.0211. CONTRACTS FOR OUTSIDE COUNSEL RETAINED BY
ATTORNEY GENERAL. (a) This section applies only to a contract
between an attorney, other than an attorney who is a full-time
employee of the office of attorney general, and the attorney
general for the performance of legal services authorized or
required to be performed by the attorney general under this chapter
or other law.
(b) A contract to which this section applies must be
approved by the comptroller to be valid. If the comptroller denies
approval of a contract under this section, the attorney general
shall provide the legal services that are the subject of the
contract in the manner required under this chapter.
(c) An invoice from an attorney submitted to the attorney
general under a contract for legal services as described by
Subsection (a) must be:
(1) except as provided by Subsection (e), submitted to
the comptroller by the attorney general not later than the 25th day
after the date the attorney general receives the invoice; and
(2) reviewed by the comptroller only to determine
whether the legal services for which the attorney general is billed
were performed within the term of the contract and are within the
scope of the legal services authorized by the contract and are
therefore eligible for payment.
(d) The attorney general shall include with an invoice
submitted under Subsection (c)(1) a written certification that the
legal services for which the attorney general is billed were
performed within the term of the contract, are within the scope of
the legal services authorized by the contract, and are reasonably
necessary to fulfill the purpose of the contract. To certify an
invoice under this subsection, the attorney general must, at a
minimum, determine that the following items are supported by proper
documentation and submitted to the attorney general under the
requirements of the contract:
(1) the amount and types of expenses billed under the
invoice;
(2) the rates for legal services under the invoice;
and
(3) the number of hours billed for legal services
under the invoice.
(e) If the attorney general receives an invoice under a
contract for legal services as described by Subsection (a) and
rejects or disputes the invoice as not certifiable under Subsection
(d), the attorney general shall, not later than the 21st day after
the date the attorney general receives the invoice, notify the
attorney or law firm providing the invoice and request a corrected
invoice. The period under Subsection (c)(1) begins on the date the
attorney general receives a corrected invoice that is certifiable
under Subsection (d).
(f) If the comptroller rejects or disputes an invoice and
certification submitted by the attorney general under this section,
the comptroller shall notify the attorney general that the invoice
is not eligible for payment. The attorney general may submit a
corrected invoice and certification, and the requirements of
Subsections (c), (d), and (e) apply to the corrected invoice and
certification.
(g) An attorney or law firm must pay an administrative fee
to the comptroller for the review described in Subsection (c) when
entering into a contract to provide legal services to the attorney
general.
(h) The comptroller may adopt rules as necessary to
implement and administer this section.
SECTION 2. The heading to Section 402.0212, Government
Code, is amended to read as follows:
Sec. 402.0212. PROVISION OF LEGAL SERVICES TO STATE
AGENCIES--OUTSIDE COUNSEL.
SECTION 3. The change in law made by this Act applies only
to a contract entered into on or after the effective date of this
Act. A contract entered into before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2021.