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A BILL TO BE ENTITLED
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AN ACT
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relating to invoices and payments under certain state contracts for |
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outside legal services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.0212, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1), (b-2), and |
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(b-3) to read as follows: |
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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: |
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(1) submitted to the attorney general by the agency's |
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office of general counsel not later than the 25th day after the date |
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the agency receives the invoice except as provided by Subsection |
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(b-2); and |
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(2) reviewed by the attorney general only to determine |
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whether the legal services for which the agency is billed were |
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performed within the term of the contract and are within the scope |
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of the legal services authorized by the contract and are therefore |
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[the invoice is] eligible for payment. |
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(b-1) A state agency's office of general counsel shall |
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include with an invoice submitted under Subsection (b)(1) a written |
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certification that the legal services for which the agency is |
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billed were performed within the term of the contract, are within |
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the scope of the legal services authorized by the contract, and are |
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reasonably necessary to fulfill the purpose of the contract. To |
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certify an invoice under this subsection, a state agency must, at a |
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minimum, determine that the following items are supported by proper |
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documentation and submitted to the agency under the requirements of |
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the contract: |
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(1) the amount and types of expenses billed under the |
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invoice; |
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(2) the rates for legal services under the invoice; |
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and |
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(3) the number of hours billed for legal services |
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under the invoice. |
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(b-2) If a state agency that receives an invoice under a |
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contract for legal services as described by Subsection (a) rejects |
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or disputes the invoice as not certifiable under Subsection (b-1), |
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the agency shall, not later than the 21st day after the date the |
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agency receives the invoice, notify the attorney or law firm |
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providing the invoice and request a corrected invoice. The period |
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under Subsection (b)(1) begins on the date the agency receives a |
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corrected invoice that is certifiable under Subsection (b-1). |
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(b-3) If the attorney general rejects or disputes an invoice |
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and certification submitted by a state agency under this section, |
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the attorney general shall notify the agency that the invoice is not |
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eligible for payment. A state agency may submit a corrected invoice |
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and certification, and the requirements of Subsections (b), (b-1), |
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and (b-2) apply to the corrected invoice and certification. |
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SECTION 2. Section 2251.021, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) Except as otherwise provided by this section |
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[Subsection (b)], a payment by a governmental entity under a |
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contract executed on or after September 1, 1987, is overdue on the |
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31st day after the later of: |
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(1) the date the governmental entity receives the |
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goods under the contract; |
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(2) the date the performance of the service under the |
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contract is completed; or |
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(3) the date the governmental entity receives an |
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invoice for the goods or service. |
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(b-1) A payment under a contract for legal services |
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described by Section 402.0212 owed by a state agency is overdue on |
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the 46th day after the date the agency receives an invoice for the |
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legal services. |
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SECTION 3. This Act takes effect September 1, 2019. |