89R13680 BCH-D
By: Harless H.B. No. 4462
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain counties to contract for outside
legal counsel in certain situations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 2254,
Government Code, is amended to read as follows:
SUBCHAPTER D. OUTSIDE LEGAL SERVICES FOR STATE AGENCIES AND CERTAIN
COUNTIES
SECTION 2. Section 2254.152, Government Code, is amended to
read as follows:
Sec. 2254.152. APPLICABILITY. (a) This subchapter applies
only to:
(1) a state agency; and
(2) a county that has a population of more than 3.3
million.
(b) This subchapter does not apply to a contingent fee
contract for legal services.
SECTION 3. The heading to Section 2254.153, Government
Code, is amended to read as follows:
Sec. 2254.153. CONTRACTS FOR LEGAL SERVICES FOR STATE
AGENCIES AUTHORIZED.
SECTION 4. The heading to Section 2254.154, Government
Code, is amended to read as follows:
Sec. 2254.154. ATTORNEY GENERAL REQUIREMENT
FOR[;] COMPETITIVE PROCUREMENT FOR STATE AGENCIES.
SECTION 5. Subchapter D, Chapter 2254, Government Code, is
amended by adding Section 2254.155 to read as follows:
Sec. 2254.155. CONTRACTS FOR LEGAL SERVICES FOR CERTAIN
COUNTIES AUTHORIZED IN CERTAIN SITUATIONS. (a) Notwithstanding
any other law, the commissioners court of a county may contract for
outside legal services from counsel selected by a county official
if the official or the official's staff are subject to a civil
action or otherwise require legal counsel related to the discharge
of official duties in a situation in which the official reasonably
believes the county attorney may have a conflict of interest.
(b) Outside legal counsel providing services under this
section may not settle or compromise any action against a county
official or the official's staff without the approval of the
official and the commissioners court of the county.
(c) The commissioners court of the county shall authorize
payment for legal services provided by outside legal counsel under
Subsection (b). Any payments authorized by the commissioners court
for outside legal services are subject to audit by the county
auditor.
(d) Notwithstanding any other law, the county attorney may
not provide legal services related to a contract entered into under
this section.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.