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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that attorneys employed by or |
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contracting with the attorney general document and maintain records |
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of hours spent on state legal actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.022 to read as follows: |
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Sec. 402.022. TIME RECORDS REQUIRED. (a) This section |
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applies to an attorney employed by or under contract with the |
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attorney general to provide legal services for a legal action or |
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proceeding. |
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(b) An attorney subject to this section shall: |
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(1) document the number of hours the attorney provides |
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services for an action or proceeding; and |
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(2) maintain a record of the hours documented under |
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Subdivision (1). |
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(c) The attorney shall permit the attorney general and the |
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state auditor on request to inspect or obtain copies of the record |
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maintained by the attorney under Subsection (b)(2). |
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(d) On conclusion of a legal action for which an attorney |
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provides legal services, the attorney shall submit to the attorney |
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general a written statement of the total number of hours the |
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attorney spent providing services for the action and a copy of the |
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record required under Subsection (b)(2). The statement required by |
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this subsection is public information under Chapter 552 and may not |
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be withheld from a requestor under Section 552.103 or any other |
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exception from required disclosure provided under that chapter. |
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(e) Except as otherwise provided by this subsection, all |
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records maintained under Subsection (b)(2) are public information |
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subject to required public disclosure under Chapter 552. |
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Information in the records may be withheld from a member of the |
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public under Section 552.103 only if, in addition to meeting the |
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requirements of that section, the attorney general or an employee |
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of the attorney general determines that withholding the information |
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is necessary to protect the attorney general's strategy or position |
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in pending or reasonably anticipated litigation. Information |
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withheld from public disclosure under this subsection must be |
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segregated from information that is subject to required public |
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disclosure. |
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SECTION 2. Section 402.022, Government Code, as added by |
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this Act, applies only to a legal action or proceeding initiated on |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |