BILL ANALYSIS S.B. 1093 By: Gallegos Criminal Justice 4-28-95 Committee Report (Unamended) BACKGROUND Community supervision and corrections departments and juvenile probation community service restitution programs are considered governmental units under the Texas Tort Claims Act. The attorney general is responsible for defending governmental units when they are sued, as well as employees of those units when they are sued for injuries they allegedly caused during the course and scope of their employment. Similarly, the attorney general has a duty to defend such governmental units in workers' compensation lawsuits. However, when the attorney general defends community supervision and corrections departments, juvenile probation community service restitution programs, or the employees of these entities, there are no laws that require these departments, programs, or employees to release to the attorney general information the attorney general finds is necessary to preparing a good defense. PURPOSE As proposed, S.B. 1093 requires community supervision departments and juvenile probation community service restitution programs to release information to the attorney general that the attorney general considers necessary for the defense of claims against the departments or programs or their employees. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 42.131, Code of Criminal Procedure, by adding Section 14, as follows: Sec. 14. INFORMATION REQUIRED BY ATTORNEY GENERAL. Requires the community supervision and corrections department (department) to provide information requested by the attorney general that the attorney general considers necessary for the defense of an employee under Section 104.004, Civil Practice and Remedies Code or Chapter 501, Labor Code, or the department in a civil action under Section 101.103(a), Civil Practice and Remedies Code. SECTION 2. Amends Section 142.004, Human Resources Code, to require a juvenile probation community service restitution program to provide information requested by the attorney general that the attorney general considers necessary for the defense of juvenile probation employees under Section 104.004, Civil Practice and Remedies Code. SECTION 3. Emergency clause. Effective date: upon passage.