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A BILL TO BE ENTITLED
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AN ACT
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relating to the defense of this state or a state agency in actions |
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challenging the constitutionality of a state statute. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.010, Government Code, is amended by |
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adding Subsections (c-1) and (c-2) to read as follows: |
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(c-1) The attorney general may not settle or compromise any |
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claim in an action against this state or a state agency if the |
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settlement or compromise has the effect of holding that a state |
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statute is unconstitutional. |
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(c-2) If a state agency in the executive or legislative |
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branch of state government is a defendant in an action in which a |
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party to the litigation files a petition, motion, or other pleading |
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challenging the constitutionality of a state statute and the |
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attorney general elects not to defend the agency, the attorney |
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general shall pay or reimburse the reasonable expenses incurred by |
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the agency in defending the action, including court costs, |
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investigative costs, deposition expenses, witness fees, and |
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attorney's fees. This subsection does not apply to representation |
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of the agency before the supreme court in violation of Section 22, |
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Article IV, Texas Constitution. |
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SECTION 2. Section 402.010, Government Code, as amended by |
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this Act, applies only to an action filed on or after the effective |
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date of this Act. An action filed before the effective date of this |
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Act is governed by the law applicable to the action before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |