Relating to the procedure by which the attorney general approves or denies approval of a state agency contract for outside legal services.
Summary
SB 992 amends Texas Government Code provisions governing when the attorney general must act on state agency requests to hire outside legal counsel. The bill requires the attorney general to approve or deny a submitted contract for legal services within 25 days after receiving it from the agency. If the attorney general denies approval, the office must provide the agency with a written explanation of the denial.
The bill also updates a related provision for the Employees Retirement System board, clarifying that if approval is denied, the board may choose alternative outside counsel, but that replacement contract remains subject to attorney general approval under the same process. The new requirements apply only to contracts submitted on or after the bill’s effective date, September 1, 2025.
Impact
SB 992 changes the procedural rules in Government Code Section 402.0212 and a related provision in Section 825.203 governing approval of outside legal services contracts for state agencies and the Employees Retirement System. It imposes a firm 25-day deadline on the attorney general’s review and requires written reasons for any denial, increasing transparency and predictability in the approval process. The bill does not expand or narrow the attorney general’s substantive authority to approve or deny contracts, but it does constrain the timing and documentation of that decision-making.
Sentiment
The bill appears to have broad legislative support overall, passing the Senate 30-1 and the House 111-33, with no committee transcript available to show extended debate. The vote totals suggest general agreement with the goal of making the attorney general’s review process more timely and transparent. At the same time, the House vote indicates some meaningful opposition, likely reflecting concern about limiting the attorney general’s discretion or creating a mandatory deadline for contract review.
Contention
The main point of contention is the balance between administrative efficiency and the attorney general’s review authority. Supporters likely favor the 25-day deadline and written-denial requirement as a way to prevent delays for state agencies needing outside counsel. Opponents may view the bill as an unnecessary constraint on the attorney general’s office or worry that a fixed deadline could pressure approvals or reduce flexibility in reviewing legal-services contracts. The specific impact on the Employees Retirement System’s ability to select alternative counsel after a denial is also a related procedural issue, though the bill preserves attorney general oversight over the replacement contract.