SRC-AAA S.B. 1863 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1863
By: Lucio
Finance
4-22-97
As Filed


DIGEST 

Recently, a number of state agencies have retained outside legal counsel
on a contingency fee basis. The state agency is essentially appropriating
state funds without legislative approval, thereby usurping the
legislature's constitutional authority. This bill requires compensation
paid by a state agency in the executive department to an attorney to be on
a reasonable hourly rate of service and the number of hours of service
provided to the state agency, plus reasonable expenses approved in advance
by the state agency and the attorney general. 

PURPOSE

As proposed, S.B. 1863 requires compensation paid by a state agency in the
executive department to an attorney to be on a reasonable hourly rate of
service and the number of hours of service provided to the state agency,
plus reasonable expenses approved in advance by the state agency and the
attorney general. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 402.0212, Government Code, by adding Subsection
(d), to require compensation paid by a state agency in the executive
department to an attorney to be based on a reasonable hourly rate of
service and the number of hours of service provided to the state agency,
plus reasonable expenses approved in advance by the state agency and the
attorney general, unless an alternative fee arrangement is approved in
advance by the legislature. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.