1 Tex. Admin. Code § 57.9 - Administrative Fee
(a) Outside Counsel
must pay a non-refundable administrative fee to the Office of the Attorney
General for the Invoice review described in §
57.8 of this chapter. Outside
Counsel may not charge, or seek reimbursement from, the Agency for payment of
this administrative fee.
(b) The
administrative fee described in subsection (a) of this section is incurred on
the date that the first Invoice after the effective date of this chapter is
submitted to the Agency. Any Invoice submitted to the Office of the Attorney
General by the Agency before the administrative fee has been submitted by the
Outside Counsel to the Office of the Attorney General shall be deemed incorrect
and incomplete and not eligible for payment.
(c) The administrative fee is set as follows:
(1) For an Outside Counsel Contract with a
maximum liability of less than $2,000.00, but more than $0.00, the
administrative fee is $100.00.
(2)
For an Outside Counsel Contract with a maximum liability equal to or greater
than $2,000.00 but less than $10,000.00, the administrative fee is
$200.00.
(3) For an Outside Counsel
Contract with a maximum liability equal to or greater than $10,000.00 but less
than $50,000.00, the administrative fee is $500.00.
(4) For an Outside Counsel Contract with a
maximum liability equal to or greater than $50,000.00 but less than
$150,000.00, the administrative fee is $1,000.00.
(5) For an Outside Counsel Contract with a
maximum liability equal to or greater than $150,000.00 but less than
$1,000,000.00, the administrative fee is $1,500.00.
(6) For an Outside Counsel Contract with a
maximum liability of equal to or greater than $1,000,000.00, the administrative
fee is $2,000.00.
(7) For
Contingency Fee Outside Counsel Contracts, the Office of the Attorney General
will establish a reasonable administrative fee when Invoices are submitted to
the Office of the Attorney General for review.
(d) The administrative fee due under
subsection (c) of this section covers the then current State Fiscal Biennium in
an Outside Counsel Contract term. Outside Counsel must pay a non-refundable
administrative fee to the Office of the Attorney General, as set by subsection
(c) of this section, for every State Fiscal Biennium covered in an Outside
Counsel Contract term. Subsequent biennial administrative fees are due upon
submission of the first Invoice of a new State Fiscal Biennium.
(e) The administrative fee described in
subsection (a) of this section is not due for a contract having a zero dollar
liability or a contract that is only seeking reimbursement for
expenses.
(f) For exceptional
circumstances, the Office of the Attorney General, at its sole discretion, may
modify the amount of the administrative fee due under subsection (c) of this
section. If the Office of the Attorney General, at its sole discretion, permits
an Agency to submit information other than the information specified in §
57.8(b)(1) - (7)
of this chapter, the Office of the Attorney General, in its sole discretion,
may reduce or waive the administrative fee.
(g) When an Outside Counsel Contract is
amended to increase the maximum liability of the contract to an amount that
requires Outside Counsel to pay a higher administrative fee, under subsection
(c) of this section, then Outside Counsel shall pay the difference between the
original lesser fee, if already paid, and the new higher fee upon submission of
the next submitted Invoice.
(h) The
administrative fee described in subsection (a) of this section shall be sent to
the Office of the Attorney General and not to the Agency.
Notes
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