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AN ACT
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relating to hiring outside legal counsel to provide legal services |
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to the Teacher Retirement System of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 825.203, Government Code, is amended to |
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read as follows: |
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Sec. 825.203. LEGAL REPRESENTATION [ADVISER]. (a) The |
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attorney general of the state is the legal adviser of the board of |
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trustees. The attorney general shall represent the board in all |
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litigation. |
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(b) The board may not employ outside legal counsel to |
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provide legal services to the retirement system except as provided |
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by this section and Section 402.0212, regardless of the source of |
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funds to be used to pay the outside counsel. For purposes of this |
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section, "legal services" includes services provided by an attorney |
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regarding ethics and fiduciary responsibilities. |
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(c) The attorney general shall timely act on a request to |
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approve a contract for outside legal services under Section |
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402.0212. If the attorney general denies the board's request for |
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approval of a contract for outside legal services: |
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(1) the attorney general shall provide the board with |
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the reason for the denial; and |
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(2) the board may select alternative outside legal |
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counsel, subject to approval by the attorney general in accordance |
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with this section and Section 402.0212. |
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SECTION 2. Section 825.203(c), Government Code, as added by |
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this Act, applies only to a request to approve a contract for |
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outside legal services submitted by the Teacher Retirement System |
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of Texas on or after the effective date of this Act. A request |
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submitted before the effective date of this Act is governed by the |
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law in effect on the date the request was submitted and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1259 was passed by the House on May |
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12, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1259 on May 29, 2009, by the following vote: Yeas 145, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1259 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |