Texas Government Code Title 10, Chapter 2254 - Professional And Consulting Services
SUBCHAPTER A PROFESSIONAL SERVICES
- Texas Section 2254.001 - Short Title
This subchapter may be cited as the Professional Services Procurement Act. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
- Texas Section 2254.002 - Definitions
In this subchapter: (1) "Governmental entity" means: (A) a state agency or department; (B) a district, authority, county, municipality, or other political subdivision of the...
- Texas Section 2254.003 - Selection Of Provider; Fees
(a) A governmental entity may not select a provider of professional services or a group or association of providers or award a contract for the...
- Texas Section 2254.0031 - Indemnification
A state governmental entity may require a contractor selected under this subchapter to indemnify or hold harmless the state from claims and liabilities resulting from...
- Texas Section 2254.004 - Contract For Professional Services Of Architect, Engineer, Or Surveyor
(a) In procuring architectural, engineering, or land surveying services, a governmental entity shall: (1) first select the most highly qualified provider of those services on...
- Texas Section 2254.005 - Void Contract
A contract entered into or an arrangement made in violation of this subchapter is void as against public policy. Added by Acts 1993, 73rd Leg.,...
- Texas Section 2254.006 - Contract Notification
A state agency, including an institution of higher education as defined by Section 61.003, Education Code, shall provide written notice to the Legislative Budget Board...
SUBCHAPTER B CONSULTING SERVICES
- Texas Section 2254.007 - Declaratory Or Injunctive Relief
(a) This subchapter may be enforced through an action for declaratory or injunctive relief filed not later than the 10th day after the date a...
- Texas Section 2254.021 - Definitions
In this subchapter: (1) "Consulting service" means the service of studying or advising a state agency under a contract that does not involve the traditional...
- Texas Section 2254.022 - Interpretation Of Subchapter
(a) This subchapter shall be interpreted to ensure: (1) the greatest and fairest competition in the selection by state agencies of consultants; and (2) the...
- Texas Section 2254.023 - Applicability Of Subchapter
This subchapter applies to consulting services that a state agency acquires with money: (1) appropriated by the legislature; (2) derived from the exercise of the...
- Texas Section 2254.024 - Exemptions
(a) This subchapter does not apply to or discourage the use of consulting services provided by: (1) practitioners of professional services described in Subchapter A;...
- Texas Section 2254.025 - Emergency Waiver
(a) The governor, after receipt of a request complying with this section, may grant a limited waiver of the provisions of this subchapter for a...
- Texas Section 2254.026 - Contract With Consultant
A state agency may contract with a consultant only if: (1) there is a substantial need for the consulting services; and (2) the agency cannot...
- Texas Section 2254.027 - Selection Of Consultant
In selecting a consultant, a state agency shall: (1) base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed...
- Texas Section 2254.028 - Notice Of Intent: Major Consulting Services Contract
(a) Before entering into a major consulting services contract, a state agency shall: (1) notify the Legislative Budget Board and the governor's Budget and Planning...
- Texas Section 2254.029 - Publication In Texas Register Before Entering Into Major Consulting Services Contract
(a) Not later than the 30th day before the date it enters into a major consulting services contract, a state agency shall file with the...
- Texas Section 2254.030 - Publication In Texas Register After Entering Into Major Consulting Services Contract
Not later than the 20th day after the date of entering into a major consulting services contract, the contracting state agency shall file with the...
- Texas Section 2254.0301 - Contract Notification
(a) A state agency shall provide written notice to the Legislative Budget Board of a contract for consulting services if the amount of the contract,...
- Texas Section 2254.031 - Renewal; Amendment; Extension
(a) A state agency that intends to renew a major consulting services contract shall: (1) file with the secretary of state for publication in the...
- Texas Section 2254.032 - Conflicts Of Interest
(a) An officer or employee of a state agency shall report to the chief executive of the agency, not later than the 10th day after...
- Texas Section 2254.033 - Restriction On Former Employees Of A State Agency
(a) An individual who offers to provide consulting services to a state agency and who has been employed by that agency or by another agency...
- Texas Section 2254.034 - Contract Void
(a) A contract entered into in violation of Sections 2254.029 through 2254.031 is void. (b) A contract entered into with a private consultant who did...
- Texas Section 2254.035 - Dividing Contracts
(a) A state agency may not divide a consulting services contract into more than one contract to avoid the requirements of this subchapter. (b) This...
- Texas Section 2254.036 - Archives
(a) On request, a state agency shall, after the agency's contract with a consultant has ended, supply the Legislative Budget Board and the governor's Budget...
- Texas Section 2254.037 - Reports
As part of the biennial budgetary hearing process conducted by the Legislative Budget Board and the governor's Budget and Planning Office, a state agency shall...
- Texas Section 2254.038 - Mixed Contracts
This subchapter applies to a contract that involves both consulting and other services if the primary objective of the contract is the acquisition of consulting...
- Texas Section 2254.039 - Comptroller's Rules
(a) The comptroller shall adopt rules to implement and administer this subchapter. The comptroller's rules may not conflict with or cover a matter on which...
- Texas Section 2254.040 - Procurement By Comptroller
(a) The comptroller may, on request of a state agency, procure for the agency consulting services that are covered by this subchapter. (b) The comptroller...
SUBCHAPTER C CONTINGENT FEE CONTRACT FOR LEGAL SERVICES
- Texas Section 2254.041 - Distribution Of Consultant Reports
(a) A consulting services contract must include provisions that allow the state agency contracting with the consultant and any other state agency and the legislature,...
- Texas Section 2254.101 - Definitions
In this subchapter: (1) "Contingent fee" means that part of a fee for legal services, under a contingent fee contract, the amount or payment of...
- Texas Section 2254.102 - Applicability
(a) This subchapter applies only to a contingent fee contract for legal services entered into by a state governmental entity. (b) The legislature by this...
- Texas Section 2254.103 - Contract Approval; Signature
(a) A state governmental entity that has authority to enter into a contract for legal services in its own name may enter into a contingent...
- Texas Section 2254.104 - Time And Expense Records Required; Final Statement
(a) The contract must require that the contracting attorney or law firm keep current and complete written time and expense records that describe in detail...
- Texas Section 2254.105 - Certain General Contract Requirements
The contract must: (1) provide for the method by which the contingent fee is computed; (2) state the differences, if any, in the method by...
- Texas Section 2254.106 - Contract Requirements: Computation Of Contingent Fee; Reimbursement Of Expenses
(a) The contract must establish the reasonable hourly rate for work performed by an attorney, law clerk, or paralegal who will perform legal or support...
- Texas Section 2254.107 - Mixed Hourly And Contingent Fee Contracts; Reimbursement For Subcontracted Work
(a) This section applies only to a contingent fee contract: (1) under which the amount or payment of only part of the fee is contingent...
- Texas Section 2254.108 - Fee Payment And Expense Reimbursement
(a) Except as provided by Subsection (b), a contingent fee and a reimbursement of an expense under a contract with a state governmental entity is...
SUBCHAPTER D OUTSIDE LEGAL SERVICES
- Texas Section 2254.109 - Effect On Other Law
(a) This subchapter does not limit the right of a state governmental entity to recover fees and expenses from opposing parties under other law. (b)...
- Texas Section 2254.151 - Definition
In this subchapter, "state agency" means a department, commission, board, authority, office, or other agency in the executive branch of state government created by the...
- Texas Section 2254.152 - Applicability
This subchapter does not apply to a contingent fee contract for legal services. Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.18, eff. June...
- Texas Section 2254.153 - Contracts For Legal Services Authorized
Subject to Section 402.0212, a state agency may contract for outside legal services. Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.18, eff. June...
- Texas Section 2254.154 - Attorney General; Competitive Procurement
The attorney general may require state agencies to obtain outside legal services through a competitive procurement process, under conditions prescribed by the attorney general. Added...
Last modified: September 28, 2016