Tex.
Gov't Code Section 2254.1038
Political Subdivision: Attorney General Review of Contract
(a)
Before a contingent fee contract for legal services approved under Section 2254.1036 (Political Subdivision: Contract Notice; Approval by Governing Body) is effective and enforceable, the political subdivision must receive attorney general approval of the contract. The political subdivision shall file the contract with the attorney general along with:(1)
a description of the matter to be pursued by the political subdivision;(2)
a copy of the notice required by Section 2254.1036 (Political Subdivision: Contract Notice; Approval by Governing Body)(a) and a statement of the method and date of the provision of the notice; and(3)
a copy of the statement required by Section 2254.1036 (Political Subdivision: Contract Notice; Approval by Governing Body)(b).(b)
Within 90 days after receiving a contract from a political subdivision, the attorney general may:(1)
approve the contract;(2)
refuse to approve the contract because the requirements of this subchapter were not fulfilled; or(3)
refuse to approve the contract because:(A)
the legal matter that is the subject of the contract presents one or more questions of law or fact that are in common with a matter the state has already addressed or is pursuing; and(B)
pursuit of the matter by the political subdivision will not promote the just and efficient resolution of the matter.(c)
A contract submitted to the attorney general by a political subdivision under Subsection (a) is considered approved by the attorney general unless, not later than the 90th day after the date the attorney general receives the request to approve the contract, the attorney general notifies the political subdivision that the attorney general is refusing to approve the contract.(d)
If the attorney general refuses to approve a contract under Subsection (b)(2), the attorney general shall specifically identify the provisions of this subchapter with which the contract fails to comply or the political subdivision failed to comply. Nothing in this section prohibits a political subdivision from correcting a failure to comply with this subchapter.(e)
If the attorney general refuses to approve a contract under Subsection (b)(3), the attorney general shall inform the political subdivision of the factual and legal basis for the decision.(f)
A political subdivision may contest the attorney general’s refusal to approve the contract under Subsection (b)(3) in the manner provided for contested cases under Chapter 2001 (Administrative Procedure).(g)
The State Office of Administrative Hearings shall establish procedures to govern a contest to the attorney general’s refusal to approve a contract under Subsection (b)(3) and for in camera review and protection from disclosure of information excepted from disclosure under Chapter 552 (Public Information) in a contested case under this subsection.(h)
The refusal to approve a contract under Subsection (b)(3) is subject to substantial evidence judicial review as provided in Subchapter G (Judicial Review), Chapter 2001 (Administrative Procedure).(i)
A political subdivision may request expedited review of a contract under Subsection (a).
Source:
Section 2254.1038 — Political Subdivision: Attorney General Review of Contract, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2254.htm#2254.1038 (accessed Jun. 5, 2024).
