S.B. No. 1370
 
 
 
 
AN ACT
  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
  [the invoice is] eligible for payment.
         (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
  [Subsection (b)], a payment by a governmental entity under a
  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