(a) The attorney general of the state is the legal adviser of the board of trustees. The attorney general shall represent the board in all litigation.
(b) The board may not employ outside legal counsel to provide legal services to the retirement system except as provided by this section and § 402.0212, regardless of the source of funds to be used to pay the outside counsel. For purposes of this section, “legal services” includes services provided by an attorney regarding ethics and fiduciary responsibilities.

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Terms Used In Texas Government Code 825.203

  • Contract: A legal written agreement that becomes binding when signed.
  • Fiduciary: A trustee, executor, or administrator.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

(c) The attorney general shall timely act on a request to approve a contract for outside legal services under § 402.0212. If the attorney general denies the board’s request for approval of a contract for outside legal services:
(1) the attorney general shall provide the board with the reason for the denial; and
(2) the board may select alternative outside legal counsel, subject to approval by the attorney general in accordance with this section and § 402.0212.