HBA-LCA H.B. 2647 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2647 By: Hartnett Judicial Affairs 4/15/1999 Introduced BACKGROUND AND PURPOSE The Texas Turnpike Authority (TTA) became a division of the Texas Department of Transportation in 1997 as a result of sunset legislation. However, Chapter 402, Government Code (Attorney General), which authorized TTA to procure outside counsel, was not amended to reflect TTA's status as part of TxDOT. Failure to make such a modification has created ambiguity regarding TTA's ability to continue to use outside counsel. TTA projects frequently require the use of attorneys with specialized expertise and local counsel familiar with county court personnel and procedures. H.B. 2647 amends the Government and Transportation Codes to provide TTA with the same authority to use outside counsel that it had as an independent agency. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 402.0212(c), Government Code (Provision of Legal Services-Outside Counsel), to provide that this section, requiring the approval of the attorney general for the use of outside counsel by a state agency, does not apply to the Texas Turnpike Authority division of the Texas Department of Transportation. SECTION 2. Amends Section 361.031, Transportation Code, by adding Section Subsection (h) to provide that Section 402.0212, Government Code, does not apply to the procurement of legal services under this section (Texas Turnpike Authority). SECTION 3. Emergency clause. Effective date: upon passage.