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.
1-8 (a) In this section, "prosecuting attorney" means a district
1-9 attorney, criminal 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 federal court if:>
1-16 <(1) if 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) The attorney general shall defend a state grand jury
2-4 commissioner or grand juror who is a defendant in an action in any
2-5 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.