HB4462 - Relating to authorizing certain counties to contract for outside legal counsel in certain situations.

  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.