Tex. Gov't Code § 2254.1036 · Subchapter C. CONTINGENT FEE CONTRACT FOR LEGAL SERVICES
POLITICAL SUBDIVISION: CONTRACT NOTICE; APPROVAL BY GOVERNING BODY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A political subdivision may enter into a contingent fee contract for legal services only if the political subdivision:
(1) before or at the time of giving the written notice required by Section 551.041 for a meeting described by Subdivision (2), also provides written notice to the public stating:
(A) the reasons for pursuing the matter that is the subject of the legal services for which the attorney or law firm would be retained and the desired outcome of pursuing the matter;
(B) the competence, qualifications, and experience demonstrated by the attorney or law firm selected under Section 2254.1032;
(C) the nature of any relationship, including the beginning of the relationship, between the political subdivision or governing body and the attorney or law firm selected under Section 2254.1032;
(D) the reasons the legal services cannot be adequately performed by the attorneys and supporting personnel of the political subdivision;
(E) the reasons the legal services cannot be reasonably obtained from attorneys in private practice under a contract providing for the payment of hourly fees without contingency; and
(F) the reasons entering into a contingent fee contract for legal services is in the best interest of the residents of the political subdivision; and
(2) approves the contract in an open meeting called for the purpose of considering the matters listed in Subsection (a)(1).
(b) On approval of a contingent fee contract, the governing body of a political subdivision shall state in writing that the political subdivision finds that:
(1) there is a substantial need for the legal services;
(2) the legal services cannot be adequately performed by the attorneys and supporting personnel of the political subdivision; and
(3) the legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the matter for which the services will be obtained or because the political subdivision does not have funds to pay the estimated amounts required under a contract providing only for the payment of hourly fees.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 4, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2254.htm
- Text hash
- sha256 89bc1d2ec66b2e589d8c6051e4813a8d1d1aa9085a2dff72099388a5e01561f4
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Gov't Code § 2254.1036. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 2254.102APPLICABILITY.Printed as Sections 2254.1032, 2254.1034, 2254.1036, and 2254.1037
- Tex. Gov't Code § 2254.1037POLITICAL SUBDIVISION: CONTRACT AS PUBLIC INFORMATION.Printed as Section 2254.1036
- Tex. Gov't Code § 2254.1038POLITICAL SUBDIVISION: ATTORNEY GENERAL REVIEW OF CONTRACT.Printed as Section 2254.1036 | Section 2254.1036(a) | Section 2254.1036(b)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.