BILL ANALYSIS



C.S.S.B. 1624
By: Gallegos (Torres)
May 17, 1995
Committee Report (Substituted)


BACKGROUND

Chapter 157, Local Government Code, governs assistance, benefits,
and working conditions of county officers and employees. 
Subchapter Z, Local Government Code, contains miscellaneous
provisions, including Section 157.901, which governs providing
legal defense to county officials and employees under certain
circumstances.

Section 157.901 fails to specify who is empowered to make the
determination that additional counsel is necessary or that the act
complained of may form the basis for the filing of a criminal
charge against the official or employee.  The section fails to
specify who is empowered to select the private legal counsel under
Subsection (b).  Consequently, officials and employees who might
otherwise have sought the assistance of private legal counsel have
failed to do so, and commissioners courts have been uncertain as to
what procedures, if any, must be followed, and whose authority it
is to determine what private legal counsel may be hired.

PURPOSE

As proposed, C.S.S.B. 1624 provides that a county official or
employee is entitled to have the commissioners court of a county
employ and pay private counsel, under certain circumstances.  
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 Section 157.901, Local Government Code, by
amending Subsection (b) and adding Subsection (d), as follows:

     (b)  Provides that a county official or employee is entitled
     to have the commissioners court of the county employ and pay
     private counsel if additional counsel is necessary or proper
     in the case of an official or employee provided legal counsel
     under Subsection (a) or if it reasonably appears that the act
     complained of may form the basis for the filing of a criminal
     charge against the official or employee, except as provided by
     Subsection (d).
     
     (d)  Authorizes the commissioners court of a county with a
     population of 2.8 million or more to pay the private counsel
     retained by a county official or employee in a matter
     involving the official's or employee's duties, except a matter
     relating to the removal of the official or employee, only if
     the commissioners court, by unanimous vote, agrees to the
     payment.
     
     SECTION 2.     Amends Chapter 157Z, Local Government Code, by adding
Section 157.9011, as follows:

     Sec. 157.9011.  PAYMENT OF COUNSEL RETAINED BY EMPLOYEE.  (a) 
     Authorizes the commissioners court of a county, if a county
     official or employee who is sued by any entity for an action
     arising from the performance of a public duty fails to request
     additional counsel under Section 157.901 before a trial on the
     merits and retains private counsel, to pay the private counsel
     retained by the official or employee for representing the
     official or employee, except if the matter involves or relates
     to the removal of the county official or employee, if the
     commissioners court, by unanimous vote, determines that
     retained counsel was necessary and proper, and the official or
     employee prevails in the action.
     
     (b)  Provides that this section expires August 31, 1997.
SECTION 3. Provides that this Act applies to the payment of legal
fees for a lawsuit that is finally decided after January 1, 1994
and before December 1, 1994.

SECTION 4. Emergency clause.
           Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute adds language that prohibits the
commissioners court of the applicable county to pay the private
counsel for matters relating to the removal of the official or
employee and allows payment only if the commissioners court, by
unanimous vote, agrees to the payment.

SUMMARY OF COMMITTEE ACTION

SB 1624 was considered by the County Affairs Committee in a formal
meeting on 5/15/95. The committee considered a complete committee
substitute. The committee substitute was adopted without objection.
SB 1624 was reported favorably, as substituted, with the
recommendation that it do pass and be printed, by the record vote
of 6 ayes, 0 nays, 2 pnv, 1 absent.