PMWJ H.B. 2779 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 2779 By: Junell 4-9-97 Committee Report (Unamended) BACKGROUND 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. PURPOSE 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, except for suits brought by the state or another political subdivision. It further provides that the attorney general shall not defend a department or its employees in cases in which a person under supervision challenges the fact or duration of the supervision. H.B. 2779 also requires local community supervision and corrections departments to provide all information to the attorney general that the attorney general believes necessary for the defense or prosecution of any action under Chapter 76. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 adds new Subsections (d) and (e) to Section 76.006 of the Government Code. Current Subsec. (d), providing that a local community supervision and corrections department is a governmental unit for purposes of Tex. Civ. Prac. & Rem. Code ' 101.103(a) is repealed. Section 101.103 provides that the attorney general shall represent governmental units whose jurisdiction is coextensive with that of the state, but that governmental units whose jurisdiction is less than coextensive with that of the state may hire their own counsel. New Subsec. (d) requires the attorney general to defend 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, except for suits brought by the state or another political subdivision. The subsection also provides an exception in cases in which a person under supervision challenges the fact or duration of the supervision. New Subsec. (e) requires a local community supervision and corrections department to provide the attorney general all information that the attorney general believes necessary for defense or prosecution of an action under Chapter 76. SECTION 2. Application of act. SECTION 3. Effective date. SECTION 4. Emergency clause.