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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 (e) to read as follows: |
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(e) The attorney general may charge a reasonable fee for the |
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electronic filing of a document. |
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SECTION 2. The heading to Section 402.0212, Government |
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Code, is amended to read as follows: |
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Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE |
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COUNSEL; FEES. |
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SECTION 3. Section 402.0212, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (d), (e), |
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and (f) to read as follows: |
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(b) At the request of a party to a contract described by |
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Subsection (a), the attorney general shall review an invoice |
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submitted to a state agency under the contract to determine whether |
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the invoice is eligible for payment. The attorney general may |
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charge the party requesting the review a reasonable fee for the |
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review. |
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(c) The attorney general may, at the attorney general's |
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discretion, review an invoice submitted to a state agency under a |
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contract described by Subsection (a). |
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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) Subsections (a) and (d) do [(c) This section shall] |
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not apply to the Texas Turnpike Authority division of the Texas |
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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 4. 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 FEE. (a) A toll |
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project entity may not enter into a comprehensive development |
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agreement unless the attorney general reviews the proposed |
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agreement and determines that it is legally sufficient. |
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(b) The attorney general may charge a toll project entity a |
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reasonable fee for the review described in Subsection (a). |
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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 fee under Subsection |
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(b) for each proposed comprehensive development agreement. |
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(d) The toll project entity may collect or seek |
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reimbursement of the fee under Subsection (b) from the private |
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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 and administer this section. |
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SECTION 5. 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 6. 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 7. 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 8. 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. |