By:  Haley                                            S.B. No. 1441
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the defense of state prosecuting attorneys by the
    1-2  attorney general.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 402.024, Government Code, is amended to
    1-5  read as follows:
    1-6        Sec. 402.024.  DEFENSE OF PROSECUTING ATTORNEY <DISTRICT
    1-7  ATTORNEY>, GRAND JURY COMMISSIONER, OR GRAND JUROR.  (a)  In this
    1-8  section, "prosecuting attorney" means a district attorney, criminal
    1-9  district attorney, or county attorney.
   1-10        (b)  The attorney general shall defend a prosecuting attorney
   1-11  in any action or suit in any court in which the prosecuting
   1-12  attorney is a defendant because of his office as prosecuting
   1-13  attorney if the prosecuting attorney requests the attorney
   1-14  general's assistance in the defense of the action or suit <state
   1-15  district attorney in an action in a federal court if:>
   1-16              <(1)  the district attorney is a defendant because of
   1-17  the district attorney's office;>
   1-18              <(2)  the cause of action accrued while the person
   1-19  filing the action was confined in a Texas Department of Corrections
   1-20  facility;>
   1-21              <(3)  the district attorney requests the attorney
   1-22  general's assistance in the defense; and>
   1-23              <(4)  there is no action pending against the district
    2-1  attorney in which the attorney general is required to represent the
    2-2  state>.
    2-3        (c) <(b)>  The attorney general shall defend a state grand
    2-4  jury commissioner or grand juror who is a defendant in an action in
    2-5  any court if:
    2-6              (1)  the suit involves an act of the person while in
    2-7  the performance of duties as a grand jury commissioner or grand
    2-8  juror; and
    2-9              (2)  the person requests the attorney general's
   2-10  assistance in the defense.
   2-11        SECTION 2.  This Act takes effect September 1, 1993.
   2-12        SECTION 3.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.