By:  Barrientos                                       S.B. No. 1155
       73R5459 ESH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the employment of attorneys by school districts.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter Z, Chapter 21, Education Code, is
    1-5  amended by adding Section 21.9013 to read as follows:
    1-6        Sec. 21.9013.  LEGAL SERVICES.  (a)  A school district may
    1-7  not pay an attorney in private practice a retainer that in a fiscal
    1-8  year exceeds the greater of:
    1-9              (1)  $50,000; or
   1-10              (2)  an amount equal to $1.25 multiplied by the number
   1-11  of students in average daily attendance, as determined under
   1-12  Section 16.006 of this code, in the preceding school year.
   1-13        (b)  An attorney in private practice may not bill a school
   1-14  district for legal services, and a school district officer or
   1-15  employee may not authorize payment for legal services provided by
   1-16  an attorney in private practice, unless the services are officially
   1-17  requested by:
   1-18              (1)  the superintendent of the district;
   1-19              (2)  an officer of the governing board of the district;
   1-20  or
   1-21              (3)  the governing board of the district.
   1-22        (c)  An attorney who violates Subsection (b) of this section
   1-23  is subject to discipline under the Texas Disciplinary Rules of
   1-24  Professional Conduct.
    2-1        (d)  A school district officer or employee who violates
    2-2  Subsection (b) of this section is subject to dismissal.
    2-3        (e)  A school district shall employ one or more staff
    2-4  attorneys for a fiscal year if, in the preceding fiscal year, the
    2-5  district paid more than $100,000 to attorneys in private practice
    2-6  for legal services other than collection of delinquent taxes.  If a
    2-7  school district that is required under this subsection to employ a
    2-8  staff attorney does not do so, for the fiscal year in which the
    2-9  district is required to employ a staff attorney, the commissioner
   2-10  of education shall deduct from the district's entitlement under the
   2-11  foundation school program under Chapter 16 of this code an amount
   2-12  equal to the district's payments to attorneys in private practice
   2-13  in the preceding fiscal year.
   2-14        SECTION 2.  Sections 16.254(a) and (b), Education Code, are
   2-15  amended to read as follows:
   2-16        (a)  The commissioner of education shall determine annually:
   2-17              (1)  the amount of money necessary to operate a
   2-18  Foundation School Program in each school district;
   2-19              (2)  the amount of local funds due the school district
   2-20  from the local fund assignment of the county education district;
   2-21  <and>
   2-22              (3)  the amount of state available school funds
   2-23  distributed to each school district; and
   2-24              (4)  the amount of any deduction for excess legal
   2-25  expenditures as provided by Section 21.9013 of this code.
   2-26        (b)  The commissioner of education shall then grant to each
   2-27  school district from the Foundation School Program appropriation
    3-1  the amount of funds necessary to provide the difference between
    3-2  Subdivision (1) and the sum of Subdivisions (2), <and> (3), and (4)
    3-3  of Subsection (a) of this section.
    3-4        SECTION 3.  This Act takes effect September 1, 1993.
    3-5        SECTION 4.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.