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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.

Sincerely,

Jessica R. Dillard

Board Administrator

Enclosure: (1) Outside Counsel Agreement Packet

cc: file

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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)

Reimbursement Schedule

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(Signature and Date)

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CONTRACT AND AGREEMENT

FOR

APPOINTED COUNSEL SERVICES

BETWEEN

THE BOARD OF PARDONS AND PAROLES

AND

ATTORNEY AND COUNSELOR AT LAW

STATE OF TEXAS §

§

COUNTY OF TRAVIS §

SECTION 1

PARTIES

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

described.

SECTION 2

CONTRACT PERIOD

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.

SECTION 3

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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SECTION 4

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.

SECTION 5

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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SECTION 6

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.

SECTION 7

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