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.