Relating to authorizing certain counties to contract for outside legal counsel in certain situations.

89(R) HB 4462 - House Committee Report version - Bill Text

89R13680 BCH-D

By: Harless

H.B. No. 4462

A BILL TO BE ENTITLED

AN ACT

relating to authorizing certain counties to contract for outside

legal counsel in certain situations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter D, Chapter 2254,

Government Code, is amended to read as follows:

SUBCHAPTER D. OUTSIDE LEGAL SERVICES
FOR STATE AGENCIES AND CERTAIN

COUNTIES

SECTION 2. Section 2254.152, Government Code, is amended to

read as follows:

Sec. 2254.152. APPLICABILITY.
(a)

This subchapter applies

only to:

(1) a state agency; and

(2)

a county that has a population of more than 3.3

million.

(b)
This subchapter does not apply to a contingent fee

contract for legal services.

SECTION 3. The heading to Section 2254.153, Government

Code, is amended to read as follows:

Sec. 2254.153. CONTRACTS FOR LEGAL SERVICES
FOR STATE

AGENCIES
AUTHORIZED.

SECTION 4. The heading to Section 2254.154, Government

Code, is amended to read as follows:

Sec. 2254.154. ATTORNEY GENERAL
REQUIREMENT

FOR
[
;
] COMPETITIVE PROCUREMENT
FOR STATE AGENCIES
.

SECTION 5. Subchapter D, Chapter 2254, Government Code, is

amended by adding Section 2254.155 to read as follows:

Sec.

2254.155.

CONTRACTS FOR LEGAL SERVICES FOR CERTAIN

COUNTIES AUTHORIZED IN CERTAIN SITUATIONS. (a) Notwithstanding

any other law, the commissioners court of a county may contract for

outside legal services from counsel selected by a county official

if the official or the official's staff are subject to a civil

action or otherwise require legal counsel related to the discharge

of official duties in a situation in which the official reasonably

believes the county attorney may have a conflict of interest.

(b)

Outside legal counsel providing services under this

section may not settle or compromise any action against a county

official or the official's staff without the approval of the

official and the commissioners court of the county.

(c)

The commissioners court of the county shall authorize

payment for legal services provided by outside legal counsel under

Subsection (b). Any payments authorized by the commissioners court

for outside legal services are subject to audit by the county

auditor.

(d)

Notwithstanding any other law, the county attorney may

not provide legal services related to a contract entered into under

this section.

SECTION 6. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.