By: Gallegos S.B. No. 1624
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the legal defense of certain county officials or
1-2 employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 157.901, Local Government Code, is
1-5 amended by amending Subsection (b) and by adding Subsection (d) to
1-6 read as follows:
1-7 (b) Except as provided by Subsection (d), if <If> additional
1-8 counsel is necessary or proper in the case of an official or
1-9 employee provided legal counsel under Subsection (a) or if it
1-10 reasonably appears that the act complained of may form the basis
1-11 for the filing of a criminal charge against the official or
1-12 employee, the official or employee is entitled to have the
1-13 commissioners court of the county employ and pay private counsel.
1-14 (d) The commissioners court of a county with a population of
1-15 2.8 million or more may pay the private counsel retained by a
1-16 county official or employee in a matter involving the official's or
1-17 employee's duties only if the commissioners court agrees to the
1-18 payment.
1-19 SECTION 2. Subchapter Z, Chapter 157, Local Government Code,
1-20 is amended by adding Section 157.9011 to read as follows:
1-21 Sec. 157.9011. PAYMENT OF COUNSEL RETAINED BY EMPLOYEE.
1-22 (a) If a county official or employee who is sued by any entity,
1-23 other than the county with which the official or employee serves,
2-1 for an action arising from the performance of a public duty fails
2-2 to request additional counsel under Section 157.901 before a trial
2-3 on the merits and retains private counsel, the commissioners court
2-4 of the county may pay the private counsel retained by the official
2-5 or employee for representing the official or employee if:
2-6 (1) the commissioners court determines that retained
2-7 counsel was necessary and proper; and
2-8 (2) the official or employee prevails in the action.
2-9 (b) This section expires August 31, 1997.
2-10 SECTION 3. This Act applies to the payment of legal fees for
2-11 a lawsuit that is finally decided on or after January 1, 1994.
2-12 SECTION 4. 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,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.