SRC-JJJ H.B. 1767 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1767
76R10216 SMJ-DBy: Lewis, Glenn (Harris)
Jurisprudence
5/6/1999
Engrossed


DIGEST 

Texas law is unclear regarding how a county, or its officials and
employees, are to mount a defense when sued by another county official or
employee.  Currently, the county may hire private attorneys, one for each
party, or the district or county attorney may represent the defending
county or county official or employee.  This can lead to an allegation of
conflict of interest, because the same government counsel defending one
party also has attorney obligations to the suing party.  H.B. 1767 would
establish provisions regarding legal representation of county officials and
employees by district and county attorneys.   

PURPOSE

As proposed, H.B. 1767 establishes provisions regarding legal
representation of county officials and employees by district and county
attorneys.   

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 Chapter 157Z, Local Government Code, by adding Section
157.9015, as follows: 

Sec. 157.9015.  REPRESENTATION PERMITTED WITHOUT CONFLICT OF INTEREST.
Provides that it is not a conflict of interest for a district or county
attorney to defend a county or a county official or employee sued by
another county official or employee and also to advise or represent the
opposing party on a separate matter arising from the performance of a
public duty, regardless of whether the attorney gives the advice or
representation to the opposing party before the suit began or while the
suit is pending. Requires the district or county attorney, if practicable,
to assign a different attorney to defend the county, official, or employee
than the attorney assigned to advise or represent the opposing party on a
separate matter.  Provides that this section does not require a district or
county attorney to represent a county official or employee who brings a
suit against the county or another county official  or employee for an
action arising from the performance of a public duty. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.