1-1 By: Gallegos S.B. No. 1624
1-2 (In the Senate - Filed March 24, 1995; March 29, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 27, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-6 April 27, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1624 By: Gallegos
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the legal defense of certain county officials or
1-11 employees.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 157.901, Local Government Code, is
1-14 amended by amending Subsection (b) and by adding Subsection (d) to
1-15 read as follows:
1-16 (b) Except as provided by Subsection (d), if <If> additional
1-17 counsel is necessary or proper in the case of an official or
1-18 employee provided legal counsel under Subsection (a) or if it
1-19 reasonably appears that the act complained of may form the basis
1-20 for the filing of a criminal charge against the official or
1-21 employee, the official or employee is entitled to have the
1-22 commissioners court of the county employ and pay private counsel.
1-23 (d) The commissioners court of a county with a population of
1-24 2.8 million or more may pay the private counsel retained by a
1-25 county official or employee in a matter involving the official's or
1-26 employee's duties only if the commissioners court agrees to the
1-27 payment.
1-28 SECTION 2. Subchapter Z, Chapter 157, Local Government Code,
1-29 is amended by adding Section 157.9011 to read as follows:
1-30 Sec. 157.9011. PAYMENT OF COUNSEL RETAINED BY EMPLOYEE.
1-31 (a) If a county official or employee who is sued by any entity,
1-32 other than the county with which the official or employee serves,
1-33 for an action arising from the performance of a public duty fails
1-34 to request additional counsel under Section 157.901 before a trial
1-35 on the merits and retains private counsel, the commissioners court
1-36 of the county may pay the private counsel retained by the official
1-37 or employee for representing the official or employee if:
1-38 (1) the commissioners court determines that retained
1-39 counsel was necessary and proper; and
1-40 (2) the official or employee prevails in the action.
1-41 (b) This section expires August 31, 1997.
1-42 SECTION 3. This Act applies to the payment of legal fees for
1-43 a lawsuit that is finally decided on or after January 1, 1994.
1-44 SECTION 4. The importance of this legislation and the
1-45 crowded condition of the calendars in both houses create an
1-46 emergency and an imperative public necessity that the
1-47 constitutional rule requiring bills to be read on three several
1-48 days in each house be suspended, and this rule is hereby suspended,
1-49 and that this Act take effect and be in force from and after its
1-50 passage, and it is so enacted.
1-51 * * * * *