| 1 | 1 | | 89R13680 BCH-D |
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| 2 | 2 | | By: Harless H.B. No. 4462 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to authorizing certain counties to contract for outside |
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| 10 | 10 | | legal counsel in certain situations. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Subchapter D, Chapter 2254, |
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| 13 | 13 | | Government Code, is amended to read as follows: |
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| 14 | 14 | | SUBCHAPTER D. OUTSIDE LEGAL SERVICES FOR STATE AGENCIES AND CERTAIN |
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| 15 | 15 | | COUNTIES |
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| 16 | 16 | | SECTION 2. Section 2254.152, Government Code, is amended to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | Sec. 2254.152. APPLICABILITY. (a) This subchapter applies |
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| 19 | 19 | | only to: |
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| 20 | 20 | | (1) a state agency; and |
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| 21 | 21 | | (2) a county that has a population of more than 3.3 |
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| 22 | 22 | | million. |
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| 23 | 23 | | (b) This subchapter does not apply to a contingent fee |
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| 24 | 24 | | contract for legal services. |
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| 25 | 25 | | SECTION 3. The heading to Section 2254.153, Government |
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| 26 | 26 | | Code, is amended to read as follows: |
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| 27 | 27 | | Sec. 2254.153. CONTRACTS FOR LEGAL SERVICES FOR STATE |
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| 28 | 28 | | AGENCIES AUTHORIZED. |
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| 29 | 29 | | SECTION 4. The heading to Section 2254.154, Government |
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| 30 | 30 | | Code, is amended to read as follows: |
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| 31 | 31 | | Sec. 2254.154. ATTORNEY GENERAL REQUIREMENT |
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| 32 | 32 | | FOR[;] COMPETITIVE PROCUREMENT FOR STATE AGENCIES. |
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| 33 | 33 | | SECTION 5. Subchapter D, Chapter 2254, Government Code, is |
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| 34 | 34 | | amended by adding Section 2254.155 to read as follows: |
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| 35 | 35 | | Sec. 2254.155. CONTRACTS FOR LEGAL SERVICES FOR CERTAIN |
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| 36 | 36 | | COUNTIES AUTHORIZED IN CERTAIN SITUATIONS. (a) Notwithstanding |
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| 37 | 37 | | any other law, the commissioners court of a county may contract for |
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| 38 | 38 | | outside legal services from counsel selected by a county official |
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| 39 | 39 | | if the official or the official's staff are subject to a civil |
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| 40 | 40 | | action or otherwise require legal counsel related to the discharge |
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| 41 | 41 | | of official duties in a situation in which the official reasonably |
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| 42 | 42 | | believes the county attorney may have a conflict of interest. |
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| 43 | 43 | | (b) Outside legal counsel providing services under this |
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| 44 | 44 | | section may not settle or compromise any action against a county |
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| 45 | 45 | | official or the official's staff without the approval of the |
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| 46 | 46 | | official and the commissioners court of the county. |
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| 47 | 47 | | (c) The commissioners court of the county shall authorize |
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| 48 | 48 | | payment for legal services provided by outside legal counsel under |
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| 49 | 49 | | Subsection (b). Any payments authorized by the commissioners court |
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| 50 | 50 | | for outside legal services are subject to audit by the county |
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| 51 | 51 | | auditor. |
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| 52 | 52 | | (d) Notwithstanding any other law, the county attorney may |
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| 53 | 53 | | not provide legal services related to a contract entered into under |
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| 54 | 54 | | this section. |
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| 55 | 55 | | SECTION 6. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2025. |
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