Texas 2021 87th Regular

Texas Senate Bill SB1821 Analysis / Analysis

Filed 06/03/2021

                    BILL ANALYSIS        Senate Research Center   S.B. 1821         By: Huffman         Jurisprudence         6/3/2021         Enrolled          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Last session, the legislature passed H.B. 2826a bill addressing how political subdivisions of the state contract with contingency fee lawyers. Unfortunately, certain school districts are colluding with contingency fee lawyers to avoid application of that statute by "amending" their previous contingency fee contracts with those lawyers.   S.B. 1821 prevents this by specifying thatfor purposes of H.B. 2826 (86R)the definition of a "contingent fee contract" includes amendments to such contracts that (1) change the scope of the representation or (2) may result in the filing of a new lawsuit or the amending of a petition in an existing lawsuit.   (Original Author's/Sponsor's Statement of Intent)   S.B. 1821 amends current law relating to procurement of a contingent fee contract for legal services by certain governmental entities.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Section 2254.101(2), Government Code, as follows:   (2) Redefines "contingent fee contract," for purposes of Subchapter C (Contingent Fee Contract for Legal Services), to provide that the term includes an amendment to a contract for legal services described by this subdivision if the amendment changes the scope of representation or may result in the filing of an action or the amending of a petition in an existing action.   SECTION 2. Makes application of this Act prospective.   SECTION 3. Effective date: upon passage or September 1, 2021. 

BILL ANALYSIS

 

 

Senate Research Center S.B. 1821
 By: Huffman
 Jurisprudence
 6/3/2021
 Enrolled

Senate Research Center

S.B. 1821

 

By: Huffman

 

Jurisprudence

 

6/3/2021

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Last session, the legislature passed H.B. 2826a bill addressing how political subdivisions of the state contract with contingency fee lawyers. Unfortunately, certain school districts are colluding with contingency fee lawyers to avoid application of that statute by "amending" their previous contingency fee contracts with those lawyers.

 

S.B. 1821 prevents this by specifying thatfor purposes of H.B. 2826 (86R)the definition of a "contingent fee contract" includes amendments to such contracts that (1) change the scope of the representation or (2) may result in the filing of a new lawsuit or the amending of a petition in an existing lawsuit.

 

(Original Author's/Sponsor's Statement of Intent)

 

S.B. 1821 amends current law relating to procurement of a contingent fee contract for legal services by certain governmental entities.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 2254.101(2), Government Code, as follows:

 

(2) Redefines "contingent fee contract," for purposes of Subchapter C (Contingent Fee Contract for Legal Services), to provide that the term includes an amendment to a contract for legal services described by this subdivision if the amendment changes the scope of representation or may result in the filing of an action or the amending of a petition in an existing action.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: upon passage or September 1, 2021.