HBA-ALS H.B. 2414 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2414 By: Hilbert State Affairs 4/23/1999 Introduced BACKGROUND AND PURPOSE Under current law, alternative fee arrangements under a contract for legal services between an attorney who is not an employee of the state and a state agency do not require advance approval by the legislature. H.B. 2414 requires an alternative fee arrangement regarding compensation to be paid by a state agency to an attorney under a legal services contract to be stated on the face of the contract and to be stated as an hourly fee for services plus reasonable expenses and be subject to review and approval by the agency and the attorney general, unless it is approved in advance by the legislature. This bill allows the legislature to grant approval to an alternative fee arrangement by law or by concurrent resolution. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 402.0212, Government Code, as follows: Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE COUNSEL. Provides that unless an alternative fee arrangement is approved in advance by the legislature, compensation to be paid by a state agency in the executive department to an attorney under a legal services contract must be stated on the face of the contract. Provides that the compensation under the contract must be stated as an hourly fee for services plus reasonable expenses and must be subject to review and approval by the state agency and the attorney general. Authorizes the legislature to grant approval to an alternative fee arrangement by law or by concurrent resolution. Redesignates existing Subsection (c) to (d). SECTION 2.Makes application of this Act prospective. SECTION 3.Emergency clause. Effective date: upon passage.