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A BILL TO BE ENTITLED
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AN ACT
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relating to the approval by the comptroller of certain contracts |
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for legal services between an attorney and the attorney general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.0211 to read as follows: |
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Sec. 402.0211. CONTRACTS FOR OUTSIDE COUNSEL RETAINED BY |
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ATTORNEY GENERAL. (a) This section applies only to a contract |
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between an attorney, other than an attorney who is a full-time |
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employee of the office of attorney general, and the attorney |
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general for the performance of legal services authorized or |
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required to be performed by the attorney general under this chapter |
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or other law. |
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(b) A contract to which this section applies must be |
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approved by the comptroller to be valid. If the comptroller denies |
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approval of a contract under this section, the attorney general |
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shall provide the legal services that are the subject of the |
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contract in the manner required under this chapter. |
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(c) An invoice from an attorney submitted to the attorney |
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general under a contract for legal services as described by |
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Subsection (a) must be: |
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(1) except as provided by Subsection (e), submitted to |
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the comptroller by the attorney general not later than the 25th day |
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after the date the attorney general receives the invoice; and |
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(2) reviewed by the comptroller only to determine |
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whether the legal services for which the attorney general is billed |
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were performed within the term of the contract and are within the |
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scope of the legal services authorized by the contract and are |
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therefore eligible for payment. |
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(d) The attorney general shall include with an invoice |
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submitted under Subsection (c)(1) a written certification that the |
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legal services for which the attorney general is billed were |
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performed within the term of the contract, are within the scope of |
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the legal services authorized by the contract, and are reasonably |
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necessary to fulfill the purpose of the contract. To certify an |
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invoice under this subsection, the attorney general 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 attorney general under the |
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requirements of 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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(e) If the attorney general receives an invoice under a |
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contract for legal services as described by Subsection (a) and |
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rejects or disputes the invoice as not certifiable under Subsection |
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(d), the attorney general shall, not later than the 21st day after |
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the date the attorney general receives the invoice, notify the |
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attorney or law firm providing the invoice and request a corrected |
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invoice. The period under Subsection (c)(1) begins on the date the |
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attorney general receives a corrected invoice that is certifiable |
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under Subsection (d). |
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(f) If the comptroller rejects or disputes an invoice and |
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certification submitted by the attorney general under this section, |
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the comptroller shall notify the attorney general that the invoice |
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is not eligible for payment. The attorney general may submit a |
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corrected invoice and certification, and the requirements of |
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Subsections (c), (d), and (e) apply to the corrected invoice and |
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certification. |
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(g) An attorney or law firm must pay an administrative fee |
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to the comptroller for the review described in Subsection (c) when |
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entering into a contract to provide legal services to the attorney |
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general. |
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(h) The comptroller may adopt rules as necessary to |
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implement and administer this section. |
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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 TO STATE |
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AGENCIES--OUTSIDE COUNSEL. |
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SECTION 3. The change in law made by this Act applies only |
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to a contract entered into on or after the effective date of this |
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Act. A contract entered into before the effective date of this Act |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |