| (a) The Attorney General serves as the State of Texas'
legal counsel and the Office of the Attorney General therefore represents
state agencies and institutions of higher education. Accordingly,
Agencies may not retain or select any Outside Counsel without first
receiving authorization and approval from the Office of the Attorney
General to do so. The Office of the Attorney General will determine
if retaining Outside Counsel is in the best interest of the State.
(b) An Agency requiring legal services from Outside
Counsel must first submit a completed Request to Retain Outside Counsel
form to the Office of the Attorney General. The form and instructions
for submitting the form are available on the Office of the Attorney
General's official website or upon request from the General Counsel
Division of the Office of the Attorney General.
(c) No later than ten (10) business days of receipt
of the Request to Retain Outside Counsel form, the Office of the Attorney
General will notify the requesting Agency that:
(1) the Agency's request has been approved and it may
proceed with the process of selecting Outside Counsel;
(2) the Agency's request has been denied; or
(3) the Agency must provide the Office of the Attorney
General with additional information before a decision to approve or
deny the request will be made.
(d) A notification under subsection (c)(1) of this
section may include limitations and requirements on the selection
and retention of Outside Counsel, including, but not limited to, the
requirement that the requesting Agency use the Request for Qualification
Process outlined in §57.4 of this chapter.
(e) A notification under subsection (c)(1) of this
section does not constitute approval of an Outside Counsel Contract.
(f) Except as expressly allowed by a Texas statute,
final decision by the Texas Supreme Court or a final judgment by a
federal court, an Agency requiring legal services from Outside Counsel
on a contingency fee arrangement must first seek the written approval
of the Executive Director of the Legislative Budget Board, or their
authorized designee, before submitting a Request to Retain Outside
Counsel form pursuant to subsection (b) of this section. The Office
of the Attorney General shall not approve an Agency's Request to Retain
Outside Counsel, involving a contingency fee arrangement, until the
Agency provides the Office of the Attorney General with the written
approval of the Executive Director of the Legislative Budget Board,
or their authorized designee.
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