HBA-MPA H.B. 1767 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1767 By: Lewis, Glenn County Affairs 3/29/1999 Introduced BACKGROUND AND PURPOSE Currently, 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. Under present statutes counties have two options when sued. The county may hire private attorneys, one for each party, or the district or county attorney may represent the defending county, 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 addresses the district or county attorney's ability to represent the county, county official, or employee in an action arising from the performance of official duties. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 157.901, Local Government Code, by adding Subsections (d) and (e), to authorize the district attorney of the district in which a county is located or the county attorney to represent a county official or employee who sues the county or another county official or employee for an action arising from the performance of a public duty. Provides that it is not a conflict of interest in such a case for the district or county attorney, in the same lawsuit, to defend the county, county official, or employee if different assistant district or county attorneys are assigned the responsibility for each party. SECTION 2.Emergency clause. Effective date: upon passage.