INTENTIONALLY LEFT BLANK · PDF file reference and use. RETURN: Outside Counsel Agreement...
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TTEEXXAASS BBOOAARRDD OOFF PPAARRDDOONNSS AANNDD PPAARROOLLEESS 8610 Shoal Creek Blvd
Austin, Texas, 78757
Tel: (512) 406-5452
Fax: (512) 406-5482
July 1, 2020
Re: Contract for Outside Counsel Agreement for Fiscal Year 2021
Please find enclosed an Outside Counsel Agreement Packet for the Texas Board of Pardons and
Paroles for Fiscal Year (FY) 2021.
Upon review and completion of the Contract and associated forms, please return them to the
address listed below. Additionally, enclosed are instructions for completing and submitting
attorney statements for compensation of services rendered.
The Texas Department of Criminal Justice (TDCJ) “Registration Form for Representation of
Offender” should be sent directly to the TDCJ-Parole Division at the address noted on the form.
Please retain the “Fee Affidavit Form,” the “Instructions for Submitting Attorney Statements,”
the “Attorney Statement” (Form HS-107A), and the “Reimbursement Schedule” for your future
reference and use.
RETURN: Outside Counsel Agreement
Special Information Questionnaire Form
Vendor Direct Deposit and Substitute W-9 Form
RETURN TO: Board Administrator
Texas Board of Pardons and Paroles
8610 Shoal Creek Blvd.
Austin, Texas 78757
Please return all pertinent paperwork no later than July 31, 2020, to avoid processing
delays. As always, the Texas Board of Pardons and Paroles appreciates your continued
commitment in the representation of offenders.
Jessica R. Dillard
Enclosure: (1) Outside Counsel Agreement Packet
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STATE OF TEXAS
BOARD OF PARDONS AND PAROLES
July 1, 2020
I have read and understand all of the terms and conditions as outlined in the following contracts
and forms. Please initial and sign at the bottom of the page and return to the Texas Board of
Pardons and Paroles.
________Outside Counsel Agreement
________Instructions for Submitting and Completing Attorney Statements
________Instructions for Vendor Direct Deposit and Substitute W-9 Form
Once you have completed all forms please return forms as outlined below to the Board
Administrator of the Texas Board of Pardons and Paroles at the address listed at the bottom of
this page. The TDCJ Registration Form for Representation of Offender should be sent directly to
the Texas Department of Criminal Justice – Parole Division.
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Fee Affidavit Form (Copy for future use)
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(Signature and Date)
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CONTRACT AND AGREEMENT
APPOINTED COUNSEL SERVICES
THE BOARD OF PARDONS AND PAROLES
ATTORNEY AND COUNSELOR AT LAW
STATE OF TEXAS §
COUNTY OF TRAVIS §
This Contract and Agreement is made and entered into by and between the Board of Pardons
and Paroles, hereinafter referred to as, “Board” or “the Board” and ,
hereinafter referred to as "Counsel." The parties hereto severally and collectively have agreed and by
the execution hereof are bound to the mutual obligations and performance of the tasks hereinafter
This Contract shall commence on September 1, 2020, or if the Contract is signed, by any
party after September 1, 2020, on the date last appearing in this Contract and Agreement; and shall
terminate on August 31, 2021, or when either a final order is entered in any pending parole
revocation hearing or when a final disposition is entered in the sex offender condition hearing
referenced in Section 4, herein, whichever occurs later, or unless terminated earlier in accordance
with the provisions of Section 14, herein.
AUTHORITY AND REPRESENTATIONS
The Board enters into this Contract under the authority granted to that Agency by the
Constitution and laws of Texas. This Contract is not within the purview of, nor is it controlled
either by the Texas Government Code Chapter 2254, Subchapter A Professional Services, or
Subchapter B Consulting Services.
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OBLIGATIONS OF COUNSEL
Counsel shall provide competent legal representation and advice to certain offenders
scheduled to appear at a preliminary and/or revocation hearings, including a continuance and
reopening, to consider revocation of their administrative release or other sanctions; scheduled to
appear at an erroneous release hearing to consider their return to prison or other parole vote;
scheduled to appear at a sex offender condition hearing, including a continuance and reopening;
and/or to pursue an appeal of the revocation or sex offender condition hearing by filing a Motion to
Reopen hearing with the Board.
In performing the obligations described above, Counsel shall adhere to all rules and
regulations of the facility at which hearings are conducted and, more specifically, comply with all
instructions from the facility’s administrator(s) related to security.
It is understood that Counsel, unless authorized herein, will initiate no litigation concerning
matters related to the legal representation of an offender without the prior approval of the Board.
OBLIGATIONS OF THE BOARD
A. Measure of Liability for Counsel Witness Services
By execution of this Contract, Counsel will bill by invoice and the Board shall pay for
services rendered by Counsel, for work performed pursuant to this Contract and Agreement. In
consideration of full and satisfactory performance thereof, the Board shall pay the rate of seventy-
five dollars ($75) per hour for the first two (2) hours and thirty-five dollars ($35) for every hour
after the second hour per appointment for a Preliminary, Revocation, Erroneous Release, or Sex
Offender Condition Hearing; and thirty-five dollars ($35) for a Continued or Reopened Hearing or
the submission of a Motion to Reopen Hearing.
B. Reimbursement for Travel Expenses
The Board shall reimburse Counsel for any approved travel expenses incurred in connection
with the performance of Counsel’s duties and obligations pursuant to this Contract and agreement,
but such reimbursement shall not exceed the rates for the reimbursement of like expenses for
employees of the State of Texas, pursuant to Texas administrative law related to travel expenses
promulgated by the Comptroller of Public Accounts. Such reimbursement shall be claimed in the
manner specified by the Board.
C. Reimbursement for Incidental Expenses
The Board shall reimburse Counsel for any necessary, proper and reasonable incidental
expenses incurred in connection with the performance of Counsel’s duties and obligations pursuant
to this agreement. Such reimbursement shall be claimed in the manner specified by the Board.
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MAXIMUM LIABILITY OF THE BOARD
The cumulative liability of the Board to the Counsel pursuant to the provisions of paragraph
A of Section 5 hereto shall not exceed the sum of twenty thousand dollars ($20,000) for the duration
of this Agreement, inclusive of any actual and reasonable expenses incurred for travel necessary in
the performance of this Agreement at the same rate authorized for state employees.
LIMITATIONS ON LIABILITY OF THE BOARD
This Contract and Agreement shall not be construed as creating any debt by or on behalf of
the Board in violation of Article III, Section 49 of the Constitution of Texas in accordance with
Article VIII, Section 6 of the Constitution of Texas. All obligations hereunder are subject to the
availability of appropri