1 Tex. Admin. Code § 57.3 - Retention of Outside Counsel
(a) The
Attorney General serves as the State of Texas' legal counsel and the Office of
the Attorney General therefore represents state agencies and institutions of
higher education. Accordingly, Agencies may not retain or select any Outside
Counsel without first receiving authorization and approval from the Office of
the Attorney General to do so. The Office of the Attorney General will
determine if retaining Outside Counsel is in the best interest of the
State.
(b) An Agency requiring
legal services from Outside Counsel must first submit a completed Request to
Retain Outside Counsel form to the Office of the Attorney General. The form and
instructions for submitting the form are available on the Office of the
Attorney General's official website or upon request from the General Counsel
Division of the Office of the Attorney General.
(c) No later than ten (10) business days of
receipt of the Request to Retain Outside Counsel form, the Office of the
Attorney General will notify the requesting Agency that:
(1) the Agency's request has been approved
and it may proceed with the process of selecting Outside Counsel;
(2) the Agency's request has been denied;
or
(3) the Agency must provide the
Office of the Attorney General with additional information before a decision to
approve or deny the request will be made.
(d) A notification under subsection (c)(1) of
this section may include limitations and requirements on the selection and
retention of Outside Counsel, including, but not limited to, the requirement
that the requesting Agency use the Request for Qualification Process outlined
in §
57.4 of this chapter.
(e) A notification under subsection (c)(1) of
this section does not constitute approval of an Outside Counsel
Contract.
(f) Except as expressly
allowed by a Texas statute, final decision by the Texas Supreme Court or a
final judgment by a federal court, an Agency requiring legal services from
Outside Counsel on a contingency fee arrangement must first seek the written
approval of the Executive Director of the Legislative Budget Board, or their
authorized designee, before submitting a Request to Retain Outside Counsel form
pursuant to subsection (b) of this section. The Office of the Attorney General
shall not approve an Agency's Request to Retain Outside Counsel, involving a
contingency fee arrangement, until the Agency provides the Office of the
Attorney General with the written approval of the Executive Director of the
Legislative Budget Board, or their authorized designee.
Notes
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