A political subdivision may sign a contingent fee contract for legal services only after giving the required public notice and approving the contract in an open meeting.
Sec. 2254.1036. POLITICAL SUBDIVISION: CONTRACT NOTICE; APPROVAL BY GOVERNING BODY. (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. Added by Acts 2019, 86th Leg., R.S., Ch. 857 (H.B. 2826), Sec. 4, eff. September 1, 2019.