BILL ANALYSIS

C.S.H.B. 4657

By: Oliverson

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, the Office of the Attorney General (OAG) does not have clear authority to represent local county officials or employees in an action arising from the performance of their public duties. C.S.H.B. 4657 seeks to provide the OAG with clear authority to represent an official or employee in a county with a population of more than one million in certain actions arising from the performance of their public duty if the district or county attorney declines to represent the county official or employee.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4657 amends the Local Government Code to authorize an official or employee of a county with a population of more than one million who brings a suit against the county or another county official or employee for an action arising from the performance of a public duty to request representation from the attorney general, and to authorize the attorney general to offer to represent the county official or employee, if a district or county attorney declines to represent the county official or employee.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4657 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute limits the applicability of the bill's provisions to a county with a population of more than one million, whereas the introduced did not include any such limitation on the applicability.