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.