HBA-ALS H.B. 2414 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2414
By: Hilbert
State Affairs
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, alternative fee arrangements under a contract for legal
services between an attorney who is not an employee of the state and a
state agency do not require advance approval by the legislature.   

H.B. 2414 requires an alternative fee arrangement regarding compensation to
be paid by a state agency to an attorney under a legal services contract to
be stated on the face of the contract and to be stated as an hourly fee for
services plus reasonable expenses and be subject to review and approval by
the agency and the attorney general, unless it  is approved in advance by
the legislature. This bill allows the legislature to grant approval to an
alternative fee arrangement by law or by concurrent resolution. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 402.0212, Government Code, as follows:

Sec. 402.0212.  PROVISION OF LEGAL SERVICES--OUTSIDE COUNSEL.  Provides
that unless an alternative fee arrangement is approved in advance by the
legislature, compensation to be paid by a state agency in the executive
department to an attorney under a legal services contract must be stated on
the face of the contract. Provides that the compensation under the contract
must be stated as an hourly fee for services plus reasonable expenses and
must be subject to review and approval by the state agency and the attorney
general. Authorizes the legislature to grant approval to an alternative fee
arrangement  by law or by concurrent resolution. Redesignates existing
Subsection (c) to (d). 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Emergency clause. 
 Effective date: upon passage.