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                               * * * * *