Texas Statutes
Subchapter B. Duties
Section 402.0212. Provision of Legal Services--Outside Counsel

Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE COUNSEL. (a) Except as authorized by other law, a contract for legal services between an attorney, other than a full-time employee of the agency, and a state agency in the executive department, other than an agency established by the Texas Constitution, must be approved by the attorney general to be valid. The attorney general shall provide legal services for a state agency for which the attorney general determines those legal services are appropriate and for which the attorney general denies approval for a contract for those services under this subsection.
(b) An invoice submitted to a state agency under a contract for legal services as described by Subsection (a) must be:
(1) submitted to the attorney general by the agency's office of general counsel not later than the 25th day after the date the agency receives the invoice except as provided by Subsection (b-2); and
(2) reviewed by the attorney general only to determine whether the legal services for which the agency is billed were performed within the term of the contract and are within the scope of the legal services authorized by the contract and are therefore eligible for payment.
(b-1) A state agency's office of general counsel shall include with an invoice submitted under Subsection (b)(1) a written certification that the legal services for which the agency is billed were performed within the term of the contract, are within the scope of the legal services authorized by the contract, and are reasonably necessary to fulfill the purpose of the contract. To certify an invoice under this subsection, a state agency must, at a minimum, determine that the following items are supported by proper documentation and submitted to the agency under the requirements of the contract:
(1) the amount and types of expenses billed under the invoice;
(2) the rates for legal services under the invoice; and
(3) the number of hours billed for legal services under the invoice.
(b-2) If a state agency that receives an invoice under a contract for legal services as described by Subsection (a) rejects or disputes the invoice as not certifiable under Subsection (b-1), the agency shall, not later than the 21st day after the date the agency receives the invoice, notify the attorney or law firm providing the invoice and request a corrected invoice. The period under Subsection (b)(1) begins on the date the agency receives a corrected invoice that is certifiable under Subsection (b-1).
(b-3) If the attorney general rejects or disputes an invoice and certification submitted by a state agency under this section, the attorney general shall notify the agency that the invoice is not eligible for payment. A state agency may submit a corrected invoice and certification, and the requirements of Subsections (b), (b-1), and (b-2) apply to the corrected invoice and certification.
(c) An attorney or law firm must pay an administrative fee to the attorney general for the review described in Subsection (b) when entering into a contract to provide legal services to a state agency.
(d) For purposes of this section, the functions of a hearing examiner, administrative law judge, or other quasi-judicial officer are not considered legal services.
(e) This section shall not apply to the Texas Turnpike Authority division of the Texas Department of Transportation.
(f) The attorney general may adopt rules as necessary to implement and administer this section.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 5.01, eff. Aug. 22, 1991. Amended by Acts 1993, 73rd Leg., ch. 753, Sec. 3, eff. June 17, 1993; Acts 2001, 77th Leg., ch. 1420, Sec. 9.003, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1257 (S.B. 367), Sec. 1, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 399 (S.B. 1370), Sec. 1, eff. September 1, 2019.