| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to hiring outside legal counsel to provide legal services |
|
|
to the Teacher Retirement System of Texas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 825.203, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 825.203. LEGAL REPRESENTATION [ADVISER]. (a) The |
|
|
attorney general of the state is the legal adviser of the board of |
|
|
trustees. The attorney general shall represent the board in all |
|
|
litigation. |
|
|
(b) The board may not employ outside legal counsel to |
|
|
provide legal services to the retirement system except as provided |
|
|
by Section 402.0212, regardless of the source of funds to be used to |
|
|
pay the outside counsel. For purposes of this subsection, "legal |
|
|
services" includes services provided by an attorney regarding |
|
|
ethics and fiduciary responsibilities. |
|
|
(c) Notwithstanding the requirement under Section |
|
|
402.0212(a) that the attorney general provide legal services to a |
|
|
state agency if the attorney general denies approval of a contract |
|
|
for legal services, the attorney general shall, in a timely manner, |
|
|
assist the board with selecting alternative outside legal counsel |
|
|
if the attorney general denies approval under that section of the |
|
|
board's request for outside legal counsel. |
|
|
SECTION 2. Section 825.203(b), Government Code, as added by |
|
|
this Act, is intended to clarify rather than change existing law. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |