Bill Text: TX SB1370 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to invoices and payments under certain state contracts for outside legal services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [SB1370 Detail]
Download: Texas-2019-SB1370-Enrolled.html
S.B. No. 1370 |
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relating to invoices and payments under certain state contracts for | ||
outside legal services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 402.0212, Government Code, is amended by | ||
amending Subsection (b) and adding Subsections (b-1), (b-2), and | ||
(b-3) to read as follows: | ||
(b) An invoice submitted to a state agency under a contract | ||
for legal services as described by Subsection (a) must be: | ||
(1) submitted to the attorney general by the agency's | ||
office of general counsel not later than the 25th day after the date | ||
the agency receives the invoice except as provided by Subsection | ||
(b-2); and | ||
(2) reviewed by the attorney general only to determine | ||
whether the legal services for which the agency is billed were | ||
performed within the term of the contract and are within the scope | ||
of the legal services authorized by the contract and are therefore | ||
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(b-1) A state agency's office of general counsel shall | ||
include with an invoice submitted under Subsection (b)(1) a written | ||
certification that the legal services for which the agency is | ||
billed were performed within the term of the contract, are within | ||
the scope of the legal services authorized by the contract, and are | ||
reasonably necessary to fulfill the purpose of the contract. To | ||
certify an invoice under this subsection, a state agency must, at a | ||
minimum, determine that the following items are supported by proper | ||
documentation and submitted to the agency under the requirements of | ||
the contract: | ||
(1) the amount and types of expenses billed under the | ||
invoice; | ||
(2) the rates for legal services under the invoice; | ||
and | ||
(3) the number of hours billed for legal services | ||
under the invoice. | ||
(b-2) If a state agency that receives an invoice under a | ||
contract for legal services as described by Subsection (a) rejects | ||
or disputes the invoice as not certifiable under Subsection (b-1), | ||
the agency shall, not later than the 21st day after the date the | ||
agency receives the invoice, notify the attorney or law firm | ||
providing the invoice and request a corrected invoice. The period | ||
under Subsection (b)(1) begins on the date the agency receives a | ||
corrected invoice that is certifiable under Subsection (b-1). | ||
(b-3) If the attorney general rejects or disputes an invoice | ||
and certification submitted by a state agency under this section, | ||
the attorney general shall notify the agency that the invoice is not | ||
eligible for payment. A state agency may submit a corrected invoice | ||
and certification, and the requirements of Subsections (b), (b-1), | ||
and (b-2) apply to the corrected invoice and certification. | ||
SECTION 2. Section 2251.021, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (b-1) to read as | ||
follows: | ||
(a) Except as otherwise provided by this section | ||
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contract executed on or after September 1, 1987, is overdue on the | ||
31st day after the later of: | ||
(1) the date the governmental entity receives the | ||
goods under the contract; | ||
(2) the date the performance of the service under the | ||
contract is completed; or | ||
(3) the date the governmental entity receives an | ||
invoice for the goods or service. | ||
(b-1) A payment under a contract for legal services | ||
described by Section 402.0212 owed by a state agency is overdue on | ||
the 46th day after the date the agency receives an invoice for the | ||
legal services. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1370 passed the Senate on | ||
April 25, 2019, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1370 passed the House on May | ||
16, 2019, by the following vote: Yeas 130, Nays 0, three present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |