BDD – Board Internal Organization: Attorney


Internal Counsel

The Board may procure the services of legal counsel who is employed as such as an employee of a state agency.

External Counsel

Contracting for external legal counsel is subject to the provisions stated below. The purchasing requirements of Education Code 44.031 do not apply to a contract for professional services rendered by an attorney. Education Code 44.031(f).

Approval by the Office of the Attorney General

The Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes, sits as an ex-officio member of state committees and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the State.

The Attorney General is the constitutional attorney for the State of Texas and its agencies, including institutions of higher education. Texas Government Code §402.0212 authorizes the Attorney General to develop procedures for the use of outside counsel and determines the extent to which legal services can and should be provided by outside counsel. The Attorney General’s office must approve all requests to retain outside counsel and outside counsel contracts prior to legal services being performed, and has adopted administrative rules related to the retention and contracting of outside legal counsel. The rules can be found in Title 1, Chapter 57 of the Texas Administrative Code. Additionally, the Attorney General’s office requires that law firms have malpractice insurance.

The Attorney General may decide to be the provider of legal counsel on behalf of the School for specific litigation.

Adopted:         10/3/14