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 * * * * *