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.