|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the representation of a community supervision and |
|
corrections department in cases in which a person under the |
|
supervision of that department challenges the fact or duration of |
|
the supervision. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 76.006, Government Code, is amended by |
|
amending Subsection (d) and adding Subsection (d-1) to read as |
|
follows: |
|
(d) The attorney general has the duty to defend a department |
|
for suits for injunctive, declaratory, or monetary relief brought |
|
against it for any action not covered by an indemnification policy, |
|
except any action brought by the state or another political |
|
subdivision. |
|
(d-1) If a person under the supervision of a department |
|
challenges the fact or duration of the supervision, the attorney |
|
general or the district or county attorney with jurisdiction over |
|
the offense for which the person is under supervision shall defend |
|
the department or its employees. The attorney general must defend |
|
the department or its employees in a case described by this |
|
subsection if the district or county attorney is unable to defend |
|
the department or its employees, as applicable. At the request of a |
|
district or county attorney, the [The] attorney general may provide |
|
assistance to the district or county attorney in defending [shall |
|
not defend] a department or its employees in cases described by this |
|
subsection [in which a person under supervision challenges the fact |
|
or duration of the supervision]. |
|
SECTION 2. Section 76.006(d-1), Government Code, as added |
|
by this Act, applies only to a case described by that subsection |
|
that is initiated on or after the effective date of this Act. A case |
|
that is initiated before the effective date of this Act is governed |
|
by the law in effect on the date the case was initiated, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2023. |