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A BILL TO BE ENTITLED
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AN ACT
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relating to the review of certain documents by the attorney |
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general; imposing certain fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.006, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The attorney general may charge and collect a |
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nonrefundable administrative convenience fee for the electronic |
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submission of a document. The fee authorized by this section is in |
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addition to any other fee the attorney general may assess. The |
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attorney general may adopt rules necessary to administer this |
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subsection. |
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SECTION 2. Section 402.0212, Government Code, is amended to |
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read as follows: |
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Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE |
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COUNSEL; FEES. (a) Except as authorized by other law, a contract |
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for legal services between an attorney, other than a full-time |
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employee of the agency, and a state agency in the executive |
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department, other than an agency established by the Texas |
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Constitution, must be approved by the attorney general to be valid. |
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The attorney general shall provide legal services for a state |
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agency for which the attorney general determines those legal |
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services are appropriate and for which the attorney general denies |
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approval for a contract for those services under this subsection. |
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(b) An invoice submitted to a state agency under a contract |
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for legal services as described by Subsection (a) must be reviewed |
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by the attorney general to determine whether the invoice is |
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eligible for payment. |
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(c) An attorney or law firm must pay an administrative fee |
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to the attorney general for the review described in Subsection (b) |
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when entering into a contract to provide legal services to a state |
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agency. |
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(d) For purposes of this section, the functions of a hearing |
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examiner, administrative law judge, or other quasi-judicial |
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officer are not considered legal services. |
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(e) [(c)] This section shall not apply to the Texas Turnpike |
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Authority division of the Texas Department of Transportation. |
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(f) The attorney general may adopt rules as necessary to |
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implement and administer this section. |
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SECTION 3. Section 371.051, Transportation Code, is amended |
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to read as follows: |
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Sec. 371.051. ATTORNEY GENERAL REVIEW AND EXAMINATION FEE. |
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(a) A toll project entity may not enter into a comprehensive |
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development agreement unless the attorney general reviews the |
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proposed agreement and determines that it is legally sufficient. |
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(b) A toll project entity shall pay a nonrefundable |
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examination fee to the attorney general on submitting a proposed |
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comprehensive development agreement for review in an amount equal |
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to the greater of: |
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(1) one-seventeenth of one percent of any governmental |
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funds payable to the private participant under the proposed |
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comprehensive development agreement; or |
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(2) $9,500. |
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(c) If the toll project entity submits multiple proposed |
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comprehensive development agreements relating to the same toll |
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project for review, the entity shall pay the examination fee under |
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Subsection (b) for each proposed comprehensive development |
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agreement. |
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(d) The toll project entity may collect or seek |
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reimbursement of the examination fee under Subsection (b) from the |
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private participant under the proposed comprehensive development |
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agreement. |
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(e) The attorney general may adopt rules necessary to |
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implement this section. |
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SECTION 4. The fee prescribed by Section 402.006, |
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Government Code, as amended by this Act, applies only to a document |
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electronically submitted to the office of the attorney general on |
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or after the effective date of this Act. |
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SECTION 5. The fee prescribed by Section 402.0212, |
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Government Code, as amended by this Act, applies only to invoices |
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for legal services submitted to the office of the attorney general |
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for review on or after the effective date of this Act. |
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SECTION 6. The fee prescribed by Section 371.051, |
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Transportation Code, as amended by this Act, applies only to a |
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comprehensive development agreement submitted to the office of the |
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attorney general on or after the effective date of this Act. |
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SECTION 7. 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, 2011. |