1-1     By:  Luna                                              S.B. No. 491
 1-2           (In the Senate - Filed February 11, 1999; February 15, 1999,
 1-3     read first time and referred to Committee on Education;
 1-4     April 7, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 7, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 491                   By:  Bivins
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to legal services provided to school districts.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter B, Chapter 44, Education Code, is
1-13     amended by adding Section 44.042 to read as follows:
1-14           Sec. 44.042.  CONTRACTS FOR LEGAL SERVICES.  (a)  A contract
1-15     for legal services that purports to bind a school district for a
1-16     fixed term of longer than one year may be voided by the district.
1-17           (b)  This section does not apply to a contract for the
1-18     provision of legal services:
1-19                 (1)  by a salaried employee of the district;
1-20                 (2)  to collect delinquent property taxes for the
1-21     district;
1-22                 (3)  to represent the district on a contingent fee
1-23     basis; or
1-24                 (4)  to represent the district in specific litigation.
1-25           SECTION 2.  Section 44.042, Education Code, as added by this
1-26     Act, does not apply to a contract for legal services entered into
1-27     by the board of trustees of a school district before the effective
1-28     date of this Act.
1-29           SECTION 3.  This Act takes effect September 1, 1999.
1-30           SECTION 4.  The importance of this legislation and the
1-31     crowded condition of the calendars in both houses create an
1-32     emergency and an imperative public necessity that the
1-33     constitutional rule requiring bills to be read on three several
1-34     days in each house be suspended, and this rule is hereby suspended.
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