BILL ANALYSIS

 

 

Senate Research Center

S.B. 970

86R7459 SCL-F

By: Creighton

 

Water & Rural Affairs

 

4/6/2019

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, any district, city, or other political subdivision or agency of the state that has the power to own and operate waste collection, transportation, treatment, or disposal facilities or systems, and any joint board created under the provisions of Subchapter D or E, Chapter 22, Transportation Code, may not enter into a contract as provided by Subchapter C, Chapter 2254, without review and approval by the comptroller of public accounts of the State of Texas (comptroller). This duty is better handled by the Texas attorney general (attorney general) instead. S.B. 970 reassigns this duty from the comptroller to the attorney general.

 

As proposed, S.B. 970 amends current law relating to the review and approval of contingent fee contracts for certain public agencies.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 140, Local Government Code, by adding Section 140.012, as follows:

 

Sec. 140.012. CONTINGENT FEE CONTRACT APPROVAL REQUIRED FOR PUBLIC AGENCIES. Prohibits a public agency as defined by Section 30.003 (Definitions), Water Code, from entering into a contract described by Subchapter C (Contingent Fee Contract for Legal Services), Chapter 2254, Government Code, without review and approval by the Texas attorney general.

 

SECTION 2. Repealer: Section 403.0305 (Approval by Comptroller), Government Code.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: upon passage or September 1, 2019.