S.B. No. 877
                                        AN ACT
    1-1  relating to the duties of the attorney general in representation of
    1-2  the legislature and state agencies and to certain immunities from
    1-3  liability.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 301, Government Code, is amended by
    1-6  adding Subchapter E to read as follows:
    1-7          SUBCHAPTER E.  LEGAL REPRESENTATION OF LEGISLATURE
    1-8        Sec. 301.061.  LEGAL REPRESENTATION OF LEGISLATURE.
    1-9  (a)  Subject to the requirements of Subsection (b) and to the
   1-10  exception provided in Subsection (c), the legislature, after
   1-11  notifying and consulting the attorney general, may employ counsel,
   1-12  or authorize the counsel of a legislative agency, to file suits on
   1-13  behalf of the legislature, to intervene in pending litigation on
   1-14  behalf of the legislature, or to otherwise represent the
   1-15  legislature in the courts of this state or in the courts of the
   1-16  United States.
   1-17        (b)  Representation of the legislature under this section is
   1-18  authorized only if:
   1-19              (1)  the speaker and the president of the senate
   1-20  approve the representation in writing; or
   1-21              (2)  both houses by concurrent resolution approve the
   1-22  representation.
   1-23        (c)  Subsection (a) does not apply to the representation of
   1-24  the interests of the legislature before the Supreme Court of Texas
    2-1  in violation of Article IV, Section 22, of the Texas Constitution.
    2-2        (d)  A member of the legislature is immune from civil
    2-3  liability resulting from the legislature's participation in
    2-4  litigation under this section, including liability for attorney
    2-5  fees, costs, and sanctions that may be awarded in the litigation.
    2-6  This subsection is cumulative of the common law immunity applicable
    2-7  to the conduct of members of the legislature.
    2-8        SECTION 2.  Section 402.0211, Government Code, is repealed.
    2-9        SECTION 3.  Section 402.0212, Government Code, is amended by
   2-10  adding Subsection (c) to read as follows:
   2-11        (c)  This section shall not apply to the Texas Turnpike
   2-12  Authority.
   2-13        SECTION 4.  Section 21d, Chapter 410, Acts of the 53rd
   2-14  Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
   2-15  Civil Statutes), is repealed.
   2-16        SECTION 5.  (a)  Except as provided by Subsection (b) of this
   2-17  section, this Act takes effect immediately.
   2-18        (b)  Section 2 of this Act takes effect September 1, 1993.
   2-19        SECTION 6.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.