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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain counties to contract for outside |
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legal counsel in certain situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter D, Chapter 2254, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER D. OUTSIDE LEGAL SERVICES FOR STATE AGENCIES AND CERTAIN |
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COUNTIES |
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SECTION 2. Section 2254.152, Government Code, is amended to |
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read as follows: |
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Sec. 2254.152. APPLICABILITY. (a) This subchapter applies |
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only to: |
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(1) a state agency; and |
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(2) a county that has a population of more than 3.3 |
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million. |
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(b) This subchapter does not apply to a contingent fee |
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contract for legal services. |
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SECTION 3. The heading to Section 2254.153, Government |
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Code, is amended to read as follows: |
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Sec. 2254.153. CONTRACTS FOR LEGAL SERVICES FOR STATE |
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AGENCIES AUTHORIZED. |
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SECTION 4. The heading to Section 2254.154, Government |
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Code, is amended to read as follows: |
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Sec. 2254.154. ATTORNEY GENERAL REQUIREMENT |
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FOR[;] COMPETITIVE PROCUREMENT FOR STATE AGENCIES. |
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SECTION 5. Subchapter D, Chapter 2254, Government Code, is |
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amended by adding Section 2254.155 to read as follows: |
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Sec. 2254.155. CONTRACTS FOR LEGAL SERVICES FOR CERTAIN |
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COUNTIES AUTHORIZED IN CERTAIN SITUATIONS. (a) Notwithstanding |
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any other law, the commissioners court of a county may contract for |
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outside legal services from counsel selected by a county official |
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if the official or the official's staff are subject to a civil |
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action or otherwise require legal counsel related to the discharge |
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of official duties in a situation in which the official reasonably |
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believes the county attorney may have a conflict of interest. |
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(b) Outside legal counsel providing services under this |
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section may not settle or compromise any action against a county |
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official or the official's staff without the approval of the |
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official and the commissioners court of the county. |
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(c) The commissioners court of the county shall authorize |
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payment for legal services provided by outside legal counsel under |
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Subsection (b). Any payments authorized by the commissioners court |
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for outside legal services are subject to audit by the county |
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auditor. |
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(d) Notwithstanding any other law, the county attorney may |
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not provide legal services related to a contract entered into under |
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this section. |
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SECTION 6. 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, 2025. |