By Torres H.B. No. 1830
75R4837 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to payment for the legal defense of certain county
1-3 officials or employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 157.901, Local Government Code, is
1-6 amended by amending Subsection (b) and adding Subsection (d) to
1-7 read as follows:
1-8 (b) Except as provided by Subsection (d), if [If] additional
1-9 counsel is necessary or proper in the case of an official or
1-10 employee provided legal counsel under Subsection (a) or if it
1-11 reasonably appears that the act complained of may form the basis
1-12 for the filing of a criminal charge against the official or
1-13 employee, the official or employee is entitled to have the
1-14 commissioners court of the county employ and pay private counsel.
1-15 (d) In a county with a population of 2.8 million or more,
1-16 private counsel authorized by Subsection (b) may not be paid
1-17 without the approval of the commissioners court.
1-18 SECTION 2. Subchapter Z, Chapter 157, Local Government Code,
1-19 is amended by adding Section 157.9011 to read as follows:
1-20 Sec. 157.9011. PAYMENT OF COUNSEL RETAINED BY EMPLOYEE. (a)
1-21 If a county official or employee who is eligible for private
1-22 counsel under Section 157.901(b) fails to request private counsel
1-23 under that subsection before the trial on the merits, the
1-24 commissioners court may pay private counsel retained by the
2-1 official or employee for the suit if:
2-2 (1) the commissioners court determines that the
2-3 retention of counsel by the official or employee was necessary and
2-4 proper; and
2-5 (2) the official or employee prevails in the action.
2-6 (b) This section expires August 31, 1999.
2-7 SECTION 3. The change in law made by Section 2 of this Act
2-8 applies only to the payment of legal fees for a lawsuit that is
2-9 finally decided on or after January 1, 1994.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.