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AN ACT
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relating to the attorney general's defense of a district or county |
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attorney against certain lawsuits in federal court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 402.024, Government Code, |
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is amended to read as follows: |
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Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY, COUNTY |
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ATTORNEY, OR GRAND JUROR. |
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SECTION 2. Section 402.024, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The attorney general may defend a state district |
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attorney or a county attorney in an action in a federal court if: |
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(1) the district or county attorney is a defendant |
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because of the district or county attorney's position; |
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(2) the cause of action relates to the enforcement of a |
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state statute; and |
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(3) the district or county attorney requests the |
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attorney general's assistance in the defense. |
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SECTION 3. Section 402.024, Government Code, as amended by |
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this Act, applies only to a court action filed in federal court on |
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or after the effective date of this Act. A court action filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the action was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 888 passed the Senate on |
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April 10, 2025, by the following vote: Yeas 27, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 888 passed the House on |
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May 9, 2025, by the following vote: Yeas 127, Nays 10, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |