By: Creighton  S.B. No. 970
         (In the Senate - Filed February 21, 2019; March 1, 2019,
  read first time and referred to Committee on Water & Rural Affairs;
  April 11, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 4, Nays 3; April 11, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 970 By:  Creighton
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the review and approval of contingent fee contracts for
  certain public agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 140, Local Government Code, is amended
  by adding Section 140.012 to read as follows:
         Sec. 140.012.  CONTINGENT FEE CONTRACT APPROVAL REQUIRED FOR
  PUBLIC AGENCIES. (a)  A public agency as defined by Section
  30.003, Water Code, may not enter into a contract described by
  Subchapter C, Chapter 2254, Government Code, without review and
  approval by the attorney general.
         (b)  This section does not apply to:
               (1)  a contingent fee contract to collect delinquent ad
  valorem taxes under Section 6.30, Tax Code, or Subchapter C,
  Chapter 33, Tax Code;
               (2)  a contingent fee contract to collect delinquent
  court fines and fees under Article 103.0031, Code of Criminal
  Procedure;
               (3)  a contingent fee contract to collect delinquent
  accounts receivable, including weed liens and paving liens, or
  other special assessments;
               (4)  a contingent fee contract for services rendered in
  connection with the issuance of a public security under Section
  1201.027, Government Code; or
               (5)  a type of contingent fee contract designated by
  the attorney general by rule based on the insignificance of the risk
  involved or the existence of statutory authority for the contract.
         SECTION 2.  Section 403.0305, Government Code, is repealed.
         SECTION 3.  The change in law made by this Act applies only
  to a contract submitted for review and approval on or after the
  effective date of this Act. A contract submitted before the
  effective date of this Act is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
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