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.