By Harris S.B. No. 771
76R5079 SMJ-F
A BILL TO BE ENTITLED
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. Section 157.901, Local Government Code, is
1-6 amended by adding Subsections (d) and (e) to read as follows:
1-7 (d) The district attorney of the district in which a county
1-8 is located or the county attorney may represent a county official
1-9 or employee who sues the county or another county official or
1-10 employee for an action arising from the performance of a public
1-11 duty.
1-12 (e) It is not a conflict of interest for the district or
1-13 county attorney under Subsection (d) to represent a county official
1-14 or employee who sues the county or another county official or
1-15 employee for an action arising from the performance of a public
1-16 duty and, in the same lawsuit, to defend the county or a county
1-17 official or employee who is sued if different assistant district or
1-18 county attorneys are assigned the responsibility for each party.
1-19 SECTION 2. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended,
1-24 and that this Act take effect and be in force from and after its
2-1 passage, and it is so enacted.