By Luna S.B. No. 491
76R4105 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to legal services provided to school districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 44, Education Code, is
1-5 amended by adding Section 44.042 to read as follows:
1-6 Sec. 44.042. CONTRACTS FOR LEGAL SERVICES. (a) An attorney
1-7 representing a school district serves at the will of the school
1-8 district, notwithstanding the terms of a contract to the contrary.
1-9 A contract for legal services that purports to bind the school
1-10 district for a fixed term, or that obligates the district to pay a
1-11 retainer or other payments in excess of payments for services
1-12 actually rendered, is void.
1-13 (b) This section does not apply to an attorney who is a
1-14 salaried employee of the school district.
1-15 SECTION 2. Section 44.042, Education Code, as added by this
1-16 Act, does not apply to a contract for legal services entered into
1-17 by the board of trustees of a school district before the effective
1-18 date of this Act.
1-19 SECTION 3. This Act takes effect September 1, 1999.
1-20 SECTION 4. The importance of this legislation and the
1-21 crowded condition of the calendars in both houses create an
1-22 emergency and an imperative public necessity that the
1-23 constitutional rule requiring bills to be read on three several
1-24 days in each house be suspended, and this rule is hereby suspended.