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.