By Carona                                              S.B. No. 202
         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.