SRC-JJJ S.B. 491 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 491
76R4105 CAS-DBy: Luna
Education
2/22/1999
As Filed


DIGEST 

Currently, Texas law permits multi-year contracts between a school district
and an attorney representing a school district.  This bill would prohibit
multi-year contracts between a school district and an attorney representing
a school district, and would provide that the attorney serve at the will of
the school district, regardless of any contract entered into by both
parties, with the exception of attorneys who are salaried employees of the
district. This bill would also provide that a legal service contract
purporting to bind a school district for a fixed term or obligating the
district to pay a retainer in excess of payments for services actually
rendered, is void. 

PURPOSE

As proposed, S.B. 491 specifies obligations regarding contractual terms for
legal services provided to school districts. 

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 Chapter 44B, Education Code, by adding Section 44.042,
as follows: 

Sec. 44.042.  CONTRACTS FOR LEGAL SERVICES.  Establishes that an attorney
representing a school district serves at the will of the school district,
notwithstanding the terms of a contract to the contrary.  Provides that a
contract for legal services that binds or obligates the school district to
certain requirements is void.  Specifies that this section does not apply
to an attorney who is a salaried employee of the school district. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.