1-1                                   AN ACT
 1-2     relating to the legal representation of county officials and
 1-3     employees by district and county attorneys.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter Z, Chapter 157, Local Government Code,
 1-6     is amended by adding Section 157.9015 to read as follows:
 1-7           Sec. 157.9015.  REPRESENTATION PERMITTED WITHOUT CONFLICT OF
 1-8     INTEREST.  (a)  It is not a conflict of interest for a district or
 1-9     county attorney under Section 157.901 to defend a county or a
1-10     county official or employee sued by another county official or
1-11     employee and also to advise or represent the opposing party on a
1-12     separate matter arising from the performance of a public duty,
1-13     regardless of whether the attorney gives the advice or
1-14     representation to the opposing party before the suit began or while
1-15     the suit is pending.
1-16           (b)  If practicable, the district or county attorney shall
1-17     assign a different attorney to defend the county or a county
1-18     official or employee under this section than the attorney assigned
1-19     to advise or represent the opposing party on a separate matter.
1-20           (c)  This section does not require a district or county
1-21     attorney to represent a county official or employee who brings a
1-22     suit against the county or another county official or employee for
1-23     an action arising from the performance of a public duty.
1-24           SECTION 2.  The importance of this legislation and the
 2-1     crowded condition of the calendars in both houses create an
 2-2     emergency and an imperative public necessity that the
 2-3     constitutional rule requiring bills to be read on three several
 2-4     days in each house be suspended, and this rule is hereby suspended,
 2-5     and that this Act take effect and be in force from and after its
 2-6     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1767 was passed by the House on April
         23, 1999, by the following vote:  Yeas 141, Nays 0, 2 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1767 was passed by the Senate on May
         17, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor