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A BILL TO BE ENTITLED
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AN ACT
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relating to the review and approval of contingent fee contracts for |
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certain public agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 140, Local Government Code, is amended |
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by adding Section 140.012 to read as follows: |
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Sec. 140.012. CONTINGENT FEE CONTRACT APPROVAL REQUIRED FOR |
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PUBLIC AGENCIES. (a) A public agency as defined by Section |
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30.003, Water Code, may not enter into a contract described by |
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Subchapter C, Chapter 2254, Government Code, without review and |
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approval by the attorney general. |
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(b) This section does not apply to: |
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(1) a contingent fee contract to collect delinquent ad |
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valorem taxes under Section 6.30, Tax Code, or Subchapter C, |
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Chapter 33, Tax Code; |
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(2) a contingent fee contract to collect delinquent |
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court fines and fees under Article 103.0031, Code of Criminal |
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Procedure; |
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(3) a contingent fee contract to collect delinquent |
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accounts receivable, including weed liens and paving liens, or |
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other special assessments; |
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(4) a contingent fee contract for services rendered in |
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connection with the issuance of a public security under Section |
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1201.027, Government Code; or |
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(5) a type of contingent fee contract designated by |
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the attorney general by rule based on the insignificance of the risk |
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involved or the existence of statutory authority for the contract. |
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SECTION 2. Section 403.0305, Government Code, is repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to a contract submitted for review and approval on or after the |
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effective date of this Act. A contract submitted before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. 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, 2019. |