SRC-AAA H.B. 2779 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2779
By: Junell (Shapiro)
Jurisprudence
5-2-97
Engrossed


DIGEST 
                                                                       
Currently, employees of local community supervision and corrections
departments are not state employees, except for certain purposes.
Specifically, employees of local community supervision and corrections
departments are state employees but only for the purposes of Chapter 104,
Civil Practice and Remedies Code, and Chapter 501, Labor Code.  Chapter
104, Civil Practice and Remedies Code, governs state liability in tort for
the conduct of public servants.  Chapter 501, Labor Code, governs the
provision of workers' compensation insurance coverage by state agencies
for their employees.
However, there is uncertainty, if not outright confusion, regarding the
duty of the state to defend local community supervision and corrections
departments themselves in the event of lawsuits. Subsection (d) of Section
76.006, Government Code, provides that a local department is a
"governmental unit" for purposes of Section 101.103(a), Civil Practice and
Remedies Code; that section provides that a "governmental unit" whose
jurisdiction is coextensive with that of the state shall be represented by
the attorney general, while a "governmental unit" whose jurisdiction is
less extensive than that of the state may hire its own counsel "according
to the organic act under which the unit operates."  The organic act in
this instance is silent with respect to a local department hiring counsel.
Local prosecutors, in most instances, feel that they have neither the
authority nor the responsibility to defend such departments.  As a
consequence, the attorney general frequently has defended local
departments, when specifically asked to do so.  H.B. 2779 amends Chapter
76, Local Government Code, to require the attorney general to defend the
local community supervision and corrections departments in the event that
they are sued for injunctive, declaratory, or monetary relief in any
action not covered by an indemnification policy.

PURPOSE

As proposed, H.B. 2779 amends Chapter 76, Local Government Code, to
require the attorney general to defend the local community supervision and
corrections departments in the event that they are sued for injunctive,
declaratory, or monetary relief in any action not covered by an
indemnification policy. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 76.006, Government Code, to require the attorney
general to defend certain lawsuits.  Prohibits the attorney general from
defending certain lawsuits.  Requires the local community and corrections
departments to provide information requested by the attorney general.
Deletes existing Subsection (d). Makes a conforming change.  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.