By Gallegos S.B. No. 1624
Substitute the following for S.B. No. 1624:
By Longoria C.S.S.B. No. 1624
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the legal defense of certain county officials or
1-3 employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 157.901, Local Government Code, is
1-6 amended by amending Subsection (b) and adding Subsection (d) to
1-7 read as follows:
1-8 (b) Except as provided by Subsection (d), if <If> additional
1-9 counsel is necessary or proper in the case of an official or
1-10 employee provided legal counsel under Subsection (a) or if it
1-11 reasonably appears that the act complained of may form the basis
1-12 for the filing of a criminal charge against the official or
1-13 employee, the official or employee is entitled to have the
1-14 commissioners court of the county employ and pay private counsel.
1-15 (d) The commissioners court of a county with a population of
1-16 2.8 million or more may pay the private counsel retained by a
1-17 county official or employee in a matter involving the official's or
1-18 employee's duties, except a matter relating to the removal of the
1-19 official or employee, only if the commissioners court, by unanimous
1-20 vote, agrees to the payment.
1-21 SECTION 2. Subchapter Z, Chapter 157, Local Government Code,
1-22 is amended by adding Section 157.9011 to read as follows:
1-23 Sec. 157.9011. PAYMENT OF COUNSEL RETAINED BY EMPLOYEE. (a)
1-24 If a county official or employee who is sued by any entity, other
2-1 than the county with which the official or employee serves, for an
2-2 action arising from the performance of a public duty fails to
2-3 request additional counsel under Section 157.901 before a trial on
2-4 the merits and retains private counsel, the commissioners court of
2-5 the county may pay the private counsel retained by the official or
2-6 employee for representing the official or employee, except if the
2-7 matter involves or relates to the removal of the county official or
2-8 employee, if:
2-9 (1) the commissioners court, by unanimous vote,
2-10 determines that retained counsel was necessary and proper; and
2-11 (2) the official or employee prevails in the action.
2-12 (b) This section expires August 31, 1997.
2-13 SECTION 3. This Act applies only to the payment of legal
2-14 fees for a lawsuit that is finally decided after the January 1,
2-15 1994 and before December 1, 1994.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.