McAllen ISD approves contingent‑fee contract with Millen & Millen to pursue 2023 storm damage claims

The McAllen Independent School District board voted Jan. 17 to approve findings and enter a contingent‑fee contract with the law firm Millen & Millen PLLC to pursue recovery of uninsured but unpaid property damages and losses the district says resulted from hailstorms and windstorms in April 2023.

At the Jan. 17 meeting the board first received public notice that the district was considering an agreement with Millen & Millen; the notice cited Texas Government Code 2254.103681 and said the firm would be retained as special counsel to pursue recovery of uninsured but unpaid claims. The board later debated and approved the required statutory findings and authorization to execute a contingent‑fee contract.

School attorney Jonathan Ball and district staff reviewed the factual and legal basis presented in closed session and then brought the required motions into open session. Trustees voted on three findings required by Texas law: that there is a substantial need for the legal services; that the services cannot adequately be performed by in‑house attorneys; and that the services could not reasonably be obtained on an hourly basis because of either the matter’s nature or a lack of available funds to pay hourly fee estimates. Each of those three findings passed unanimously (7–0).

After the findings the board approved the contingent‑fee contract with Millen & Millen. Ball and staff indicated the contract is contingent on successful negotiations, and trustees authorized administration to negotiate with the highest‑ranked firm and for the superintendent to execute the contract once negotiations are complete.

No litigation was initiated during the meeting; the actions authorize pursuit of claims through outside counsel under the contingent‑fee arrangement and are contingent on successful contract execution.

Trustees emphasized the item’s contingency nature and noted further steps — including formal contract execution and, where appropriate, litigation filings — will be reported to the board.