reglab/housing_qa huggingface dataset:
TX Govt Code § 2254.035 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter B. Consulting Services|Section 2254.035. Dividing Contracts

Sec. 2254.035.  DIVIDING CONTRACTS.  (a)  A state agency may not divide a consulting services contract into more than one contract to avoid the requirements of this subchapter.(b)  This section applies to all consulting services contracts, including renewals, amendments, and extensions of consulting services contracts.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2254.036 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter B. Consulting Services|Section 2254.036. Archives

Sec. 2254.036.  ARCHIVES.  (a)  On request, a state agency shall, after the agency's contract with a consultant has ended, supply the Legislative Budget Board and the governor's Budget and Planning Office with copies of all documents, films, recordings, or reports compiled by the consultant under the contract.(b)  Copies of all documents, films, recordings, or reports compiled by the consultant shall be filed with the Texas State Library and shall be retained by the library for at least five years.(c)  The Texas State Library shall list each document, film, recording, and report given to it under Subsection (b) and shall file the list at the end of each calendar quarter with the secretary of state for publication in the Texas Register.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 12, eff. June 19, 1997.|
TX Govt Code § 2254.037 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter B. Consulting Services|Section 2254.037. Reports

Sec. 2254.037.  REPORTS.  As part of the biennial budgetary hearing process conducted by the Legislative Budget Board and the governor's Budget and Planning Office, a state agency shall report to the Legislative Budget Board and the governor's Budget and Planning Office on any actions taken in response to the recommendations of any consultant with whom the state agency contracts during the previous biennium.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 13, eff. June 19, 1997.|
TX Govt Code § 2254.038 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter B. Consulting Services|Section 2254.038. Mixed Contracts

Sec. 2254.038.  MIXED CONTRACTS.  This subchapter applies to a contract that involves both consulting and other services if the primary objective of the contract is the acquisition of consulting services.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2254.039 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter B. Consulting Services|Section 2254.039. Comptroller's Rules

Sec. 2254.039.  COMPTROLLER'S RULES.  (a)  The comptroller shall adopt rules to implement and administer this subchapter.  The comptroller's rules may not conflict with or cover a matter on which this subchapter authorizes the governor to adopt rules.(b)  The comptroller shall give proposed rules to the governor for review and comment before adopting the rules.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 3.15, eff. September 1, 2007.|
TX Govt Code § 2254.040 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter B. Consulting Services|Section 2254.040. Procurement by Comptroller

Sec. 2254.040.  PROCUREMENT BY COMPTROLLER.  (a)  The comptroller may, on request of a state agency, procure for the agency consulting services that are covered by this subchapter.(b)  The comptroller may require reimbursement for the costs it incurs in procuring the services.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 426, Sec. 16, eff. June 18, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.75, eff. September 1, 2007.|
TX Govt Code § 2254.041 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter B. Consulting Services|Section 2254.041. Distribution of Consultant Reports

Sec. 2254.041.  DISTRIBUTION OF CONSULTANT REPORTS.  (a)  A consulting services contract must include provisions that allow the state agency contracting with the consultant and any other state agency and the legislature, at the contracting state agency's discretion, to distribute the consultant report, if any, and to post the report on the agency's Internet website or the website of a standing committee of the legislature.(b)  This section does not affect the application of Chapter 552 to a consultant's report.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1151 (S.B. 176), Sec. 1, eff. June 14, 2013.|
TX Govt Code § 2254.101 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.101. Definitions

Sec. 2254.101.  DEFINITIONS.  In this subchapter:(1)  "Contingent fee" means that part of a fee for legal services, under a contingent fee contract, the amount or payment of which is contingent on the outcome of the matter for which the services were obtained.(2)  "Contingent fee contract" means a contract for legal services under which the amount or the payment of the fee for the services is contingent in whole or in part on the outcome of the matter for which the services were obtained.  The term includes an amendment to a contract for legal services described by this subdivision if the amendment:(A)  changes the scope of representation; or(B)  may result in:(i)  the filing of an action; or(ii)  the amending of a petition in an existing action.(2-a)  "Political subdivision" means an entity described by Section 2254.002(1)(B), (C), or (D).(3)  "State governmental entity":(A)  means the state or a board, commission, department, office, or other agency in the executive branch of state government created under the constitution or a statute of the state, including an institution of higher education as defined by Section 61.003, Education Code;(B)  includes the state when a state officer is bringing a parens patriae proceeding in the name of the state;  and(C)  does not include a state agency or state officer acting as a receiver, special deputy receiver, liquidator, or liquidating agent in connection with the administration of the assets of an insolvent entity under Article 21.28, Insurance Code, or Chapter 36, 66, 96, or 126, Finance Code.|Added by Acts 1999, 76th Leg., ch. 1499, Sec. 3.03, eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 1, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 412 (S.B. 1821), Sec. 1, eff. June 7, 2021.|
TX Govt Code § 2254.102 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|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

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.|
TX Govt Code § 2254.1032 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.1032. Political Subdivision: Selection of Provider

Sec. 2254.1032.  POLITICAL SUBDIVISION: SELECTION OF PROVIDER.  (a)  A political subdivision may select an attorney or law firm to award a contingent fee contract only in accordance with Section 2254.003(a) and this section.(b)  In procuring legal services under a contingent fee contract, a political subdivision shall:(1)  select a well-qualified attorney or law firm on the basis of demonstrated competence, qualifications, and experience in the requested services; and(2)  attempt to negotiate a contract with that attorney or law firm for a fair and reasonable price.|Added by Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 4, eff. September 1, 2019.|
TX Govt Code § 2254.1034 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.1034. Political Subdivision: Indemnification

Sec. 2254.1034.  POLITICAL SUBDIVISION: INDEMNIFICATION.  (a)  A political subdivision may require an attorney or law firm selected under Section 2254.1032 to indemnify or hold harmless the political subdivision from claims and liabilities resulting from negligent acts or omissions of the attorney or law firm or persons employed by the attorney or law firm.(b)  A political subdivision may not require an attorney or law firm selected under Section 2254.1032 to indemnify, hold harmless, or, subject to Subsection (c), defend the political subdivision for claims or liabilities resulting from negligent acts or omissions of the political subdivision or its employees.(c)  Subsection (b) does not prevent an attorney or law firm selected under Section 2254.1032 from defending the political subdivision or its employees in accordance with a contract for the defense of negligent acts or omissions of the political subdivision or its employees.|Added by Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 4, eff. September 1, 2019.|
TX Govt Code § 2254.1036 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.1036. Political Subdivision: Contract Notice; Approval by Governing Body

Sec. 2254.1036.  POLITICAL SUBDIVISION: CONTRACT NOTICE; APPROVAL BY GOVERNING BODY.  (a)  A political subdivision may enter into a contingent fee contract for legal services only if the political subdivision:(1)  before or at the time of giving the written notice required by Section 551.041 for a meeting described by Subdivision (2), also provides written notice to the public stating:(A)  the reasons for pursuing the matter that is the subject of the legal services for which the attorney or law firm would be retained and the desired outcome of pursuing the matter;(B)  the competence, qualifications, and experience demonstrated by the attorney or law firm selected under Section 2254.1032;(C)  the nature of any relationship, including the beginning of the relationship, between the political subdivision or governing body and the attorney or law firm selected under Section 2254.1032;(D)  the reasons the legal services cannot be adequately performed by the attorneys and supporting personnel of the political subdivision;(E)  the reasons the legal services cannot be reasonably obtained from attorneys in private practice under a contract providing for the payment of hourly fees without contingency; and(F)  the reasons entering into a contingent fee contract for legal services is in the best interest of the residents of the political subdivision; and(2)  approves the contract in an open meeting called for the purpose of considering the matters listed in Subsection (a)(1).(b)  On approval of a contingent fee contract, the governing body of a political subdivision shall state in writing that the political subdivision finds that:(1)  there is a substantial need for the legal services;(2)  the legal services cannot be adequately performed by the attorneys and supporting personnel of the political subdivision; and(3)  the legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the matter for which the services will be obtained or because the political subdivision does not have funds to pay the estimated amounts required under a contract providing only for the payment of hourly fees.|Added by Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 4, eff. September 1, 2019.|
TX Govt Code § 2254.1037 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.1037. Political Subdivision: Contract as Public Information

Sec. 2254.1037.  POLITICAL SUBDIVISION: CONTRACT AS PUBLIC INFORMATION.  A contingent fee contract approved under Section 2254.1036 is public information under Chapter 552 and may not be withheld from a requestor under Section 552.103 or any other exception from required disclosure.|Added by Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 4, eff. September 1, 2019.|
TX Govt Code § 2254.104 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.104. Time and Expense Records Required; Final Statement

Sec. 2254.104.  TIME AND EXPENSE RECORDS REQUIRED;  FINAL STATEMENT.  (a)  The contract must require that the contracting attorney or law firm keep current and complete written time and expense records that describe in detail the time and money spent each day in performing the contract.(b)  The contracting attorney or law firm shall permit the governing body or governing officer of the state governmental entity or political subdivision, the attorney general, and the state auditor or the political subdivision's auditor, as applicable, each to inspect or obtain copies of the time and expense records at any time on request.(c)  On conclusion of the matter for which legal services were obtained, the contracting attorney or law firm shall provide the contracting state governmental entity or political subdivision with a complete written statement that describes the outcome of the matter, states the amount of any recovery, shows the contracting attorney's or law firm's computation of the amount of the contingent fee, and contains the final complete time and expense records required by Subsection (a).  The complete written statement required by this subsection is public information under Chapter 552 and may not be withheld from a requestor under that chapter under Section 552.103 or any other exception from required disclosure.(d)  This subsection does not apply to the complete written statement required by Subsection (c).  All time and expense records required under this section are public information subject to required public disclosure under Chapter 552.  Information in the records may be withheld from a member of the public under Section 552.103 only if, in addition to meeting the requirements of Section 552.103, the chief legal officer or employee of the state governmental entity or political subdivision determines that withholding the information is necessary to protect the entity's strategy or position in pending or reasonably anticipated litigation. Information withheld from public disclosure under this subsection shall be segregated from information that is subject to required public disclosure.|Added by Acts 1999, 76th Leg., ch. 1499, Sec. 3.03, eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 5, eff. September 1, 2019.|
TX Govt Code § 2254.105 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.105. Certain General Contract Requirements

Sec. 2254.105.  CERTAIN GENERAL CONTRACT REQUIREMENTS.  The contract must:(1)  provide for the method by which the contingent fee is computed;(2)  state the differences, if any, in the method by which the contingent fee is computed if the matter is settled, tried, or tried and appealed;(3)  state how litigation and other expenses will be paid and, if reimbursement of any expense is contingent on the outcome of the matter or reimbursable from the amount recovered in the matter, state whether the amount recovered for purposes of the contingent fee computation is considered to be the amount obtained before or after expenses are deducted;(4)  state that any subcontracted legal or support services performed by a person who is not a contracting attorney or a partner, shareholder, or employee of a contracting attorney or law firm is an expense subject to reimbursement only in accordance with this subchapter;  and(5)  state that the amount of the contingent fee and reimbursement of expenses under the contract will be paid and limited in accordance with this subchapter.|Added by Acts 1999, 76th Leg., ch. 1499, Sec. 3.03, eff. Sept. 1, 1999.|
TX Govt Code § 2254.107 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.107. Mixed Hourly and Contingent Fee Contracts; Reimbursement for Subcontracted Work

Sec. 2254.107.  MIXED HOURLY AND CONTINGENT FEE CONTRACTS;  REIMBURSEMENT FOR SUBCONTRACTED WORK.  (a)  This section applies only to a contingent fee contract:(1)  under which the amount or payment of only part of the fee is contingent on the outcome of the matter for which the services were obtained, with the amount and payment of the remainder of the fee payable on a regular hourly rate basis without regard to the outcome of the matter;  or(2)  under which reimbursable expenses are incurred for subcontracted legal or support services performed by a person who is not a contracting attorney or a partner, shareholder, or employee of a contracting attorney or law firm.(b)  Sections 2254.106(a) and (e) apply to the contract without regard to the expected or actual amount of recovery under the contract.(c)  The limitations prescribed by Section 2254.106 on the amount of the contingent fee apply to the entire amount of the fee under the contingent fee contract, including the part of the fee the amount and payment of which is not contingent on the outcome of the matter.(d)  The limitations prescribed by Section 2254.108 on payment of the fee apply only to payment of the contingent portion of the fee.|Added by Acts 1999, 76th Leg., ch. 1499, Sec. 3.03, eff. Sept. 1, 1999.|
TX Govt Code § 2254.109 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.109. Effect on Other Law

Sec. 2254.109.  EFFECT ON OTHER LAW.  (a)  This subchapter does not limit the right of a state governmental entity or political subdivision to recover fees and expenses from opposing parties under other law.(b)  Compliance with this subchapter does not relieve a contracting attorney or law firm of an obligation or responsibility under other law, including under the Texas Disciplinary Rules of Professional Conduct.(c)  An officer, employee, or governing body of a state governmental entity or political subdivision, including the attorney general, may not waive the requirements of this subchapter or prejudice the interests of the state governmental entity or political subdivision under this subchapter.  This subchapter does not waive the state's sovereign immunity or a political subdivision's governmental immunity from suit or the state's immunity from suit in federal court under the Eleventh Amendment to the federal constitution.|Added by Acts 1999, 76th Leg., ch. 1499, Sec. 3.03, eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 7, eff. September 1, 2019.|
TX Govt Code § 2254.110 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2254 - Professional and Consulting Services|Subchapter C. Contingent Fee Contract for Legal Services|Section 2254.110. Void Contract

Sec. 2254.110.  VOID CONTRACT.  A contract entered into or an arrangement made in violation of this subchapter is void as against public policy, and no fees may be paid to any person under the contract or under any theory of recovery for work performed in connection with a void contract.  A contract that is submitted to and approved by the attorney general under Section 2254.1038 cannot later be declared void under this section.|Added by Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 8, eff. September 1, 2019.|