reglab/statecodes huggingface dataset:
2023 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 2254.026. Contract With Consultant

Sec. 2254.026.  CONTRACT WITH CONSULTANT.  A state agency may contract with a consultant only if:
(1)  there is a substantial need for the consulting services;  and
(2)  the agency cannot adequately perform the services with its own personnel or obtain the consulting services through a contract with a state governmental entity.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 6, eff. June 19, 1997.
2023 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 2254.027. Selection of Consultant

Sec. 2254.027.  SELECTION OF CONSULTANT.  In selecting a consultant, a state agency shall:
(1)  base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services;  and
(2)  if other considerations are equal, give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 7, eff. June 19, 1997.
2023 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 2254.028. Notice of Intent: Major Consulting Services Contract

Sec. 2254.028.  NOTICE OF INTENT:  MAJOR CONSULTING SERVICES CONTRACT.  (a)  Before entering into a major consulting services contract, a state agency shall:
(1)  notify the Legislative Budget Board and the governor's Budget and Planning Office that the agency intends to contract with a consultant;
(2)  give information to the Legislative Budget Board and the governor's Budget and Planning Office to demonstrate that the agency has complied or will comply with Sections 2254.026 and 2254.027;  and
(3)  obtain a finding of fact from the governor's Budget and Planning Office that the consulting services are necessary.
(b)  A major consulting services contract that a state agency enters into without first obtaining the finding required by Subsection (a)(3) is void.
(c)  Subsection (a) does not apply to a major consulting services contract to be entered into by an institution of higher education other than a public junior college if the institution includes in the invitation published under Section 2254.029 a finding by the chief executive officer of the institution that the consulting services are necessary and an explanation of that finding.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 8, eff. June 19, 1997;  Acts 2003, 78th Leg., ch. 1266, Sec. 1.03, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 6.10, eff. June 17, 2011.
2023 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 2254.029. Publication in State Business Daily Before Entering Into Major Consulting Services Contract

Sec. 2254.029.  PUBLICATION IN STATE BUSINESS DAILY BEFORE ENTERING INTO MAJOR CONSULTING SERVICES CONTRACT.  (a)  Not later than the 30th day before the date it enters into a major consulting services contract, a state agency must post in the state business daily under Section 2155.083:
(1)  an invitation for consultants to provide offers of consulting services;
(2)  the name of the individual who should be contacted by a consultant that intends to make an offer;
(3)  the closing date for the receipt of offers; and
(4)  the procedure by which the state agency will award the contract.
(b)  If the consulting services sought by a state agency relate to services previously provided by a consultant, the agency shall disclose that fact in the invitation required by Subsection (a).  If the state agency intends to award the contract for the consulting services to a consultant that previously provided the services, unless a better offer is received, the agency shall disclose its intention in the invitation required by Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 9, eff. June 19, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 19, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 20, eff. September 1, 2019.
2023 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 2254.030. Required Disclosure and Itemization of Certain Expenditures Relating to Lobbying Activities After Entering Into a Consulting Services Contract

Sec. 2254.030.  REQUIRED DISCLOSURE AND ITEMIZATION OF CERTAIN EXPENDITURES RELATING TO LOBBYING ACTIVITIES AFTER ENTERING INTO A CONSULTING SERVICES CONTRACT.  (a)  A political subdivision that enters or has entered into a contract for consulting services with a state agency, regardless of whether the term of the contract has expired, shall prominently display on the political subdivision's Internet website the following regarding contracts for services that would require a person to register as a lobbyist under Chapter 305:
(1)  the execution dates;
(2)  the contract duration terms, including any extension options;
(3)  the effective dates;
(4)  the final amount of money the political subdivision paid in the previous fiscal year; and
(5)  a list of all legislation advocated for, on, or against by all parties and subcontractors to the contract, including the position taken on each piece of legislation in the prior fiscal year.
(b)  In lieu of displaying the items described by Subsections (a)(1)-(5) regarding a contract for services that would require a person to register as a lobbyist under Chapter 305, a political subdivision may post on the political subdivision's Internet website the contract for those services.
(c)  Information required to be displayed on a political subdivision's Internet website under this section is public information subject to disclosure under Chapter 552.
(d)  The proposed budget of a political subdivision described by Subsection (a) must include, in a manner allowing for as clear a comparison as practicable between those expenditures in the proposed budget and actual expenditures for the same purpose in the preceding year, a line item indicating expenditures for directly or indirectly influencing or attempting to influence the outcome of legislation or administrative action, as those terms are defined in Section 305.002.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 10, eff. June 19, 1997;  Acts 1999, 76th Leg., ch. 1467, Sec. 1.30, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 21(a), eff. September 1, 2019.
2023 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 2254.0301. Contract Notification

Sec. 2254.0301.  CONTRACT NOTIFICATION.  (a)  A state agency shall provide written notice to the Legislative Budget Board of a contract for consulting services if the amount of the contract, including an amendment, modification, renewal, or extension of the contract, exceeds $50,000.  The notice must be on a form prescribed by the Legislative Budget Board and filed not later than the 30th day after the date the entity enters into the contract.
(b)  This section does not apply to a university system or institution of higher education.  In this subsection, "institution of higher education" and "university system" have the meanings assigned by Section 61.003, Education Code.
Added by Acts 1999, 76th Leg., ch. 281, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 6.11, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 15, eff. September 1, 2021.
2023 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 2254.031. Renewal; Amendment; Extension

Sec. 2254.031.  RENEWAL;  AMENDMENT;  EXTENSION.
(a)  A state agency that intends to renew, amend, or extend a major consulting services contract shall comply with Sections 2254.028 and 2254.029 if the contract after the renewal, amendment, or extension is a major consulting services contract.
(b)  A state agency that intends to renew a contract that is not a major consulting services contract shall comply with Sections 2254.028 and 2254.029 if the original contract and the renewal contract have a reasonably foreseeable value totaling more than $15,000, or $25,000 for an institution of higher education other than a public junior college.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 30(6), eff. September 1, 2019.
(d)  A state agency that intends to amend or extend a contract that is not a major consulting services contract shall comply with Sections 2254.028 and 2254.029 if the original contract and the amendment or extension have a reasonably foreseeable value totaling more than $15,000, or $25,000 for an institution of higher education other than a public junior college.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 11, eff. June 19, 1997;  Acts 1999, 76th Leg., ch. 1467, Sec. 1.31, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1266, Sec. 1.04, eff. June 20, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 22, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 30(6), eff. September 1, 2019.
2023 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 2254.032. Conflicts of Interest

Sec. 2254.032.  CONFLICTS OF INTEREST.  (a)  An officer or employee of a state agency shall report to the chief executive of the agency, not later than the 10th day after the date on which a private consultant submits an offer to provide consulting services to the agency, any financial interest that:
(1)  the officer or employee has in the private consultant who submitted the offer;  or
(2)  an individual who is related to the officer or employee within the second degree by consanguinity or affinity, as determined under Chapter 573, has in the private consultant who submitted the offer.
(b)  This section applies to all consulting services contracts and renewals, amendments, and extensions of consulting services contracts.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 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 2254.033. Restriction on Former Employees of a State Agency

Sec. 2254.033.  RESTRICTION ON FORMER EMPLOYEES OF A STATE AGENCY.  (a)  An individual who offers to provide consulting services to a state agency and who has been employed by that agency or by another agency at any time during the two years preceding the making of the offer shall disclose in the offer:
(1)  the nature of the previous employment with the agency or the other agency;
(2)  the date the employment was terminated;  and
(3)  the annual rate of compensation for the employment at the time of its termination.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 30(7), eff. September 1, 2019.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 30(7), eff. September 1, 2019.
2023 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 2254.034. Contract Void

Sec. 2254.034.  CONTRACT VOID.  (a)  A contract entered into in violation of Sections 2254.029 through 2254.031 is void.
(b)  A contract entered into with a private consultant who did not comply with Section 2254.033 is void.
(c)  If a contract is void under this section:
(1)  the comptroller may not draw a warrant or transmit money to satisfy an obligation under the contract;  and
(2)  a state agency may not make any payment under the contract with state or federal money or money held in or outside the state treasury.
(d)  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.  Amended by Acts 1999, 76th Leg., ch. 1467, Sec. 1.32, eff. June 19, 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2254 - Professional and Consulting Services › Subchapter D. Outside Legal Services › Section 2254.151. Definition

Sec. 2254.151.  DEFINITION.  In this subchapter, "state agency" means a department, commission, board, authority, office, or other agency in the executive branch of state government created by the state constitution or a state statute.
Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.18, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2254 - Professional and Consulting Services › Subchapter D. Outside Legal Services › Section 2254.152. Applicability

Sec. 2254.152.  APPLICABILITY.  This subchapter does not apply to a contingent fee contract for legal services.
Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.18, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2254 - Professional and Consulting Services › Subchapter D. Outside Legal Services › Section 2254.153. Contracts for Legal Services Authorized

Sec. 2254.153.  CONTRACTS FOR LEGAL SERVICES AUTHORIZED.  Subject to Section 402.0212, a state agency may contract for outside legal services.
Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.18, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2254 - Professional and Consulting Services › Subchapter D. Outside Legal Services › Section 2254.154. Attorney General; Competitive Procurement

Sec. 2254.154.  ATTORNEY GENERAL;  COMPETITIVE PROCUREMENT.  The attorney general may require state agencies to obtain outside legal services through a competitive procurement process, under conditions prescribed by the attorney general.
Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.18, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2255 - Private Donors or Organizations › Section 2255.001. Rules

Sec. 2255.001.  RULES.  (a)  A state agency which is authorized by statute to accept money from a private donor or for which a private organization exists that is designed to further the purposes and duties of the agency shall adopt rules governing the relationship between:
(1)  the donor or organization;  and
(2)  the agency and its employees.
(b)  Rules adopted under this section shall govern all aspects of conduct of the agency and its employees in the relationship, including:
(1)  administration and investment of funds received by the organization for the benefit of the agency;
(2)  use of an employee or property of the agency by the donor or organization;
(3)  service by an officer or employee of the agency as an officer or director of the donor or organization;  and
(4)  monetary enrichment of an officer or employee of the agency by the donor or organization.
(c)  A rule adopted under this section may not conflict with or supersede a requirement of a statute regulating:
(1)  the conduct of an employee of a state agency;  or
(2)  the procedures of a state agency.
(d)  A newly created state agency shall adopt rules under this section as soon as possible after its creation.
(e)  In this section, "state agency" means a department, commission, board, office, or other agency in the executive branch of state government created by the constitution or a statute of this state, including a university system or an institution of higher education as defined by Section 61.003, Education Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2256 - Public Funds Investment › Subchapter A. Authorized Investments for Governmental Entities › Section 2256.001. Short Title

Sec. 2256.001.  SHORT TITLE.  This chapter may be cited as the Public Funds Investment Act.
Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2256 - Public Funds Investment › Subchapter A. Authorized Investments for Governmental Entities › Section 2256.003. Authority to Invest Funds; Entities Subject to This Chapter

Sec. 2256.003.  AUTHORITY TO INVEST FUNDS;  ENTITIES SUBJECT TO THIS CHAPTER.  (a)  Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006:
(1)  a local government;
(2)  a state agency;
(3)  a nonprofit corporation acting on behalf of a local government or a state agency;  or
(4)  an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities.
(b)  In the exercise of its powers under Subsection (a), the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control.  A contract made under authority of this subsection may not be for a term longer than two years.  A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution.
(c)  This chapter does not prohibit an investing entity or investment officer from using the entity's employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer's duties under this chapter.
Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1454, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2256 - Public Funds Investment › Subchapter A. Authorized Investments for Governmental Entities › Section 2256.004. Applicability

Sec. 2256.004.  APPLICABILITY.  (a)  This subchapter does not apply to:
(1)  a public retirement system as defined by Section 802.001;
(2)  state funds invested as authorized by Section 404.024;
(3)  an institution of higher education having total endowments of at least $150 million in book value on September 1, 2017;
(4)  funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code;
(5)  registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or
(6)  a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended.
(b)  This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms of use specified by the donor.
Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 505, Sec. 24, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1421, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 8.21, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1454, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 773 (H.B. 1003), Sec. 1, eff. June 14, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2256 - Public Funds Investment › Subchapter A. Authorized Investments for Governmental Entities › Section 2256.006. Standard of Care

Sec. 2256.006.  STANDARD OF CARE.  (a)  Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived.  Investment of funds shall be governed by the following investment objectives, in order of priority:
(1)  preservation and safety of principal;
(2)  liquidity;  and
(3)  yield.
(b)  In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration:
(1)  the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment;  and
(2)  whether the investment decision was consistent with the written investment policy of the entity.
Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2256 - Public Funds Investment › Subchapter A. Authorized Investments for Governmental Entities › Section 2256.007. Investment Training; State Agency Board Members and Officers

Sec. 2256.007.  INVESTMENT TRAINING;  STATE AGENCY BOARD MEMBERS AND OFFICERS.  (a)  Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months after taking office or assuming duties.
(b)  The Texas Higher Education Coordinating Board shall provide the training under this section.
(c)  Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter.
(d)  An investment officer shall attend a training session not less than once each state fiscal biennium and may receive training from any independent source approved by the governing body of the state agency.  The investment officer shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last day of each regular session of the legislature.
Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 73, Sec. 1, eff. May 9, 1997;  Acts 1997, 75th Leg., ch. 1421, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1454, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 2, eff. June 17, 2011.