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.