Bill Text: TX HB3654 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the review of certain documents by the attorney general; imposing certain fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Appropriations [HB3654 Detail]
Download: Texas-2011-HB3654-Introduced.html
82R4204 CJC-D | ||
By: Otto | H.B. No. 3654 |
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relating to the review of certain documents by the attorney | ||
general; imposing certain fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 402.006, Government Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The attorney general may charge a reasonable fee for the | ||
electronic filing of a document. | ||
SECTION 2. The heading to Section 402.0212, Government | ||
Code, is amended to read as follows: | ||
Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE | ||
COUNSEL; FEES. | ||
SECTION 3. Section 402.0212, Government Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsections (d), (e), | ||
and (f) to read as follows: | ||
(b) At the request of a party to a contract described by | ||
Subsection (a), the attorney general shall review an invoice | ||
submitted to a state agency under the contract to determine whether | ||
the invoice is eligible for payment. The attorney general may | ||
charge the party requesting the review a reasonable fee for the | ||
review. | ||
(c) The attorney general may, at the attorney general's | ||
discretion, review an invoice submitted to a state agency under a | ||
contract described by Subsection (a). | ||
(d) For purposes of this section, the functions of a hearing | ||
examiner, administrative law judge, or other quasi-judicial | ||
officer are not considered legal services. | ||
(e) Subsections (a) and (d) do [ |
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not apply to the Texas Turnpike Authority division of the Texas | ||
Department of Transportation. | ||
(f) The attorney general may adopt rules as necessary to | ||
implement and administer this section. | ||
SECTION 4. Section 371.051, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll | ||
project entity may not enter into a comprehensive development | ||
agreement unless the attorney general reviews the proposed | ||
agreement and determines that it is legally sufficient. | ||
(b) The attorney general may charge a toll project entity a | ||
reasonable fee for the review described in Subsection (a). | ||
(c) If the toll project entity submits multiple proposed | ||
comprehensive development agreements relating to the same toll | ||
project for review, the entity shall pay the fee under Subsection | ||
(b) for each proposed comprehensive development agreement. | ||
(d) The toll project entity may collect or seek | ||
reimbursement of the fee under Subsection (b) from the private | ||
participant under the proposed comprehensive development | ||
agreement. | ||
(e) The attorney general may adopt rules necessary to | ||
implement and administer this section. | ||
SECTION 5. The fee prescribed by Section 402.006, | ||
Government Code, as amended by this Act, applies only to a document | ||
electronically submitted to the office of the attorney general on | ||
or after the effective date of this Act. | ||
SECTION 6. The fee prescribed by Section 402.0212, | ||
Government Code, as amended by this Act, applies only to invoices | ||
for legal services submitted to the office of the attorney general | ||
for review on or after the effective date of this Act. | ||
SECTION 7. The fee prescribed by Section 371.051, | ||
Transportation Code, as amended by this Act, applies only to a | ||
comprehensive development agreement submitted to the office of the | ||
attorney general on or after the effective date of this Act. | ||
SECTION 8. 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, 2011. |