Sec. 2254.102. APPLICABILITY. (a) This subchapter applies only to a contingent fee contract for legal services entered into by a state governmental entity or political subdivision.
(b) The legislature by this subchapter is providing, in accordance with Sections 44 and 53, Article III, Texas Constitution, for the manner in which and the situations under which a state governmental entity or political subdivision may compensate a public contractor under a contingent fee contract for legal services.
(c) This subchapter does not apply to a contract:
(1) with a state agency to collect an obligation under Section 2107.003(b), (c), or (c-1);
(2) for legal services entered into by an institution of higher education under Section 153.006, Education Code; or
(3) for legal services provided to a school district under Subchapter M, Chapter 403.
(d) This subchapter does not apply to a contract for legal services entered into by the Teacher Retirement System of Texas if the services are paid for from money that is not appropriated from the general revenue fund, including funds of a trust administered by the retirement system.
(e) This subchapter does not apply to a contract for legal services entered into by a political subdivision for the collection of an obligation, as defined by Section 2107.001, that is delinquent or for services under Section 1201.027, except that Sections 2254.1032, 2254.1034, 2254.1036, and 2254.1037 do apply to the contract. For purposes of this subsection, an obligation does not include a fine or penalty that results from an action by a political subdivision under Chapter 7, Water Code.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 3.03, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 1.13, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 31, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1386 (S.B. 1615), Sec. 3, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 2, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 20 (H.B. 1428), Sec. 1, eff. September 1, 2021.
Structure Texas Statutes
Subtitle F - State and Local Contracts and Fund Management
Chapter 2254 - Professional and Consulting Services
Subchapter C. Contingent Fee Contract for Legal Services
Section 2254.102. Applicability
Section 2254.103. State Governmental Entity: Contract Approval; Signature
Section 2254.1032. Political Subdivision: Selection of Provider
Section 2254.1034. Political Subdivision: Indemnification
Section 2254.1036. Political Subdivision: Contract Notice; Approval by Governing Body
Section 2254.1037. Political Subdivision: Contract as Public Information
Section 2254.1038. Political Subdivision: Attorney General Review of Contract
Section 2254.104. Time and Expense Records Required; Final Statement
Section 2254.105. Certain General Contract Requirements
Section 2254.106. Contract Requirements: Computation of Contingent Fee; Reimbursement of Expenses
Section 2254.107. Mixed Hourly and Contingent Fee Contracts; Reimbursement for Subcontracted Work
Section 2254.108. Fee Payment and Expense Reimbursement