By George H.B. No. 799 76R4148 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the liability of county officers. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter Z, Chapter 157, Local Government Code, 1-5 is amended by adding Section 157.9035 to read as follows: 1-6 Sec. 157.9035. LIABILITY OF ELECTED AND APPOINTED COUNTY 1-7 OFFICERS. (a) The commissioners court of a county may request the 1-8 district attorney of the district in which the county is located 1-9 or the county attorney to determine whether an elected or appointed 1-10 county officer has taken an action that is beyond the scope of the 1-11 officer's official duties as prescribed by law or that is 1-12 inconsistent with established county policy, if the commissioners 1-13 court: 1-14 (1) considered the matter in a closed session; and 1-15 (2) provided the officer with written notice and an 1-16 opportunity to appear and present evidence related to the matter in 1-17 the closed session. 1-18 (b) If the commissioners court submits a request to the 1-19 district or county attorney as provided by Subsection (a), the 1-20 district or county attorney shall provide the commissioners court 1-21 with a confidential written opinion on the matter. 1-22 (c) If the district or county attorney determines that the 1-23 action taken by the officer was beyond the scope of the officer's 1-24 official duties as prescribed by law or was inconsistent with 2-1 established county policy, the commissioners court shall hold a 2-2 public hearing to consider the matter. The officer must be 2-3 provided with written notice and an opportunity to appear and 2-4 present evidence related to the matter at the public hearing. 2-5 (d) If the commissioners court determines after the public 2-6 hearing by at least a four-fifths vote that the action taken by the 2-7 officer was beyond the scope of the officer's official duties as 2-8 prescribed by law or was inconsistent with established county 2-9 policy: 2-10 (1) the commissioners court shall notify the officer 2-11 of its determination in writing; and 2-12 (2) after the officer is notified as provided by this 2-13 subsection: 2-14 (A) the officer is financially liable for any 2-15 continued action taken that is identified in the notice as 2-16 inappropriate; and 2-17 (B) the county is not responsible for providing 2-18 legal defense for the officer or for paying any court costs or 2-19 judgments assessed resulting from any continued action taken that 2-20 is identified in the notice as inappropriate. 2-21 SECTION 2. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended, 2-26 and that this Act take effect and be in force from and after its 2-27 passage, and it is so enacted.