1-1     By:  Lewis of Tarrant (Senate Sponsor - Harris)       H.B. No. 1767
 1-2           (In the Senate - Received from the House April 26, 1999;
 1-3     April 27, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the legal representation of county officials and
 1-9     employees by district and county attorneys.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter Z, Chapter 157, Local Government Code,
1-12     is amended by adding Section 157.9015 to read as follows:
1-13           Sec. 157.9015.  REPRESENTATION PERMITTED WITHOUT CONFLICT OF
1-14     INTEREST.  (a)  It is not a conflict of interest for a district or
1-15     county attorney under Section 157.901 to defend a county or a
1-16     county official or employee sued by another county official or
1-17     employee and also to advise or represent the opposing party on a
1-18     separate matter arising from the performance of a public duty,
1-19     regardless of whether the attorney gives the advice or
1-20     representation to the opposing party before the suit began or while
1-21     the suit is pending.
1-22           (b)  If practicable, the district or county attorney shall
1-23     assign a different attorney to defend the county or a county
1-24     official or employee under this section than the attorney assigned
1-25     to advise or represent the opposing party on a separate matter.
1-26           (c)  This section does not require a district or county
1-27     attorney to represent a county official or employee who brings a
1-28     suit against the county or another county official or employee for
1-29     an action arising from the performance of a public duty.
1-30           SECTION 2.  The importance of this legislation and the
1-31     crowded condition of the calendars in both houses create an
1-32     emergency and an imperative public necessity that the
1-33     constitutional rule requiring bills to be read on three several
1-34     days in each house be suspended, and this rule is hereby suspended,
1-35     and that this Act take effect and be in force from and after its
1-36     passage, and it is so enacted.
1-37                                  * * * * *