1 Tex. Admin. Code § 81.134
Legal Expenses
Effective Mar 7, 201237 TexReg 1483Source Note: The provisions of this §81.134 adopted to be effective November 18, 2003, 28 TexReg 10201; amended to be effective November 27, 2005, 30 TexReg 7719; amended to be effective December 9, 2007, 32 TexReg 9105; amended to be effective March 7, 2012, 37 TexReg 1483.Texas Secretary of State
- (a) The county chair shall contact the SOS Elections Division for legal advice concerning routine election law questions. (Attorneys with the Elections Division may be reached toll-free by calling 1-800-252-2216. There is no charge for this service.)
- (b) The SOS shall not provide primary-fund reimbursement for legal expenses resulting from the negligent or wrongful acts of the county chair, a member of the county executive committee, the county executive committee, or a staff member performing a statutory duty.
- (c) The SOS shall only pay legal expenses related to litigation concerning the conduct of the primary election.
- (d) The county chair shall contact the SOS before entering into a contract for legal services in order to obtain a determination from the SOS as to whether the legal services are payable from the primary fund.
- (e) The SOS shall not reimburse legal expenses if the county chair fails to notify the SOS of litigation within three business days following the receipt of service of process.
- (f) Not later than 14 days after the county chair retains an attorney, the county chair shall provide to the SOS written information concerning the background of the case and an estimate of the cost to defend the case.
- (g) The county chair shall provide to the SOS copies of all invoices related to legal expenses. The SOS shall review all invoices for legal expenses and make a determination as to their reasonableness based on the novelty and complexity of the legal issues involved. The SOS shall base payment of legal expenses upon the pay scale currently reflected in the State Bar of Texas Attorney Economic Survey--Hourly Rates in Texas Law Firms.
- (h) The county chair shall file a final invoice for legal expenses no later than July 1 of the following year of the primary election year, unless the chair has requested and received a written authorization from the SOS to extend the deadline.
- (i) All legal billings submitted to the SOS for reimbursement are subject to the Public Information Act (Chapter 552, Texas Government Code).
Source Note:The provisions of this §81.134 adopted to be effective November 18, 2003, 28 TexReg 10201; amended to be effective November 27, 2005, 30 TexReg 7719; amended to be effective December 9, 2007, 32 TexReg 9105; amended to be effective March 7, 2012, 37 TexReg 1483.