Current through Reg. 49, No. 38; September 20, 2024
(a)
An Agency seeking to obtain legal services from Outside Counsel must publish a
Request for Qualifications for Outside Counsel in the Texas State Business
Daily for thirty (30) days.
(b) The
Request for Qualifications for Outside Counsel publication must contain:
(1) a description of the legal services that
the Outside Counsel will provide;
(2) the name and contact information for an
Agency employee who should be contacted by an attorney or law firm that intends
to submit their qualifications;
(3)
the closing date for the receipt of qualifications;
(4) the procedure by which the Agency will
make a selection of Outside Counsel;
(5) notice that the selection of and
contracting with, Outside Counsel is subject to the approval of the Office of
the Attorney General; and
(6) any
other information the Agency deems necessary.
(c) After the closing date for the receipt of
qualifications, the Agency may select an Outside Counsel. The Agency may only
select an Outside Counsel that complied with the Request for Qualifications for
Outside Counsel. The Agency shall make the selection of Outside Counsel:
(1) on the basis of demonstrated competence
and qualifications to perform the legal services; and
(2) for a fair and reasonable price, which
includes, but is not limited to, the hourly rates or fixed fee basis or fee
schedule and expenses for legal services.
(d) Conflict of Interest.
(1) After selecting the Outside Counsel, the
Agency shall require the law firm to submit a written disclosure statement
identifying every matter in which the firm represents, or has represented,
within the past calendar year, any entity or individual in any litigation
matter in which the entity or individual is directly adverse to the State of
Texas or any of its boards, agencies, commissions, universities, or elected or
appointed state agency officials in connection with their official job duties
and responsibilities. "Litigation" means the matter has been filed in the
public record in either state or federal court.
(2) If a disclosure statement is submitted,
it must include a short description of the nature of the matter and the relief
requested or obtained in each matter and any identifying cause or case
number.
(e) The Agency
shall determine given the disclosure statement whether to continue with its
choice of Outside Counsel.
