By:  Gallegos                                         S.B. No. 1624
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to payment by commissioners courts under certain
    1-2  circumstances to private counsel retained by county officials or
    1-3  employees.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (b), Section 157.901, Local Government
    1-6  Code, is amended to read as follows:
    1-7        (b)  <If additional counsel is necessary or proper in the
    1-8  case of an official or employee provided legal counsel under
    1-9  Subsection (a) or if it reasonably appears that the act complained
   1-10  of may form the basis for the filing of a criminal charge against
   1-11  the official or employee, the> The official or employee is entitled
   1-12  to have the commissioners court of the county employ and pay
   1-13  private counsel if:
   1-14                    (A)  the district attorney of the district in
   1-15  which the county is located or the county attorney concludes that
   1-16  additional counsel is necessary or proper in the case of an
   1-17  official or employee provided legal counsel under Subsection (a);
   1-18  or
   1-19                    (B)  the district attorney of the district in
   1-20  which the county is located or the county attorney concludes that
   1-21  it reasonably appears the act complained of may form the basis for
   1-22  the filing of a criminal charge against the official or employee.
   1-23              (2)  The district attorney of the district in which the
    2-1  county is located or the county attorney who is responsible for
    2-2  providing representation under this section shall select private
    2-3  counsel to assist in representation under this subsection.
    2-4        SECTION 2.  If a county official or employee who is sued by
    2-5  any entity, other than the county with which the official or
    2-6  employee serves, for an action arising from the performance of
    2-7  public duty fails to request additional counsel under Subsection
    2-8  (b) of Section 157.901, Local Government Code, prior to a trial on
    2-9  the merits and retains private counsel, the commissioners court of
   2-10  the county may pay the private counsel, if the district attorney of
   2-11  the district in which the county is located or the county attorney
   2-12  who is responsible for providing representation under Section
   2-13  157.901, Local Government Code, finds that additional counsel would
   2-14  have been necessary or proper under Subsection (b) of that section
   2-15  and if the county official or employee prevails in the action.
   2-16        SECTION 3.  EFFECTIVE DATE.  (a)  This Act takes effect on
   2-17  September 1, 1995.
   2-18        (b)  Section 2 of this act expires on August 31, 1997.
   2-19        SECTION 4.  EMERGENCY.  The importance of this legislation
   2-20  and the crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and it is so enacted.