SRC-JLB S.B. 713 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 713
78R5439 ATP-DBy: Jackson
Jurisprudence
3/7/2003
As Filed


DIGEST AND PURPOSE 

Currently, a county judge, each county commissioner, and the county or
district attorney are not necessarily informed of pending lawsuits that
the county may or may not be liable to pay.  As a result, opportunities to
prove that the county is not responsible for particular attorney's fees
may potentially not be pursued.  As proposed, S.B. 713 requires written
notification of a lawsuit to be delivered to a county judge, each county
commissioner, and the county or district attorney within 24 hours of
filing suit against a member of the county officer and authorizes the
county, if the plaintiff fails to provide said notification, to petition
the court of jurisdiction for a dismissal. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 89, Local Government Code, by adding Section
89.0041, as follows: 

Sec.  89.0041.  NOTICE OF SUIT AGAINST COUNTY.  (a) Requires a person, not
later than the end of the next business day after the date on which a
person files suit against a county, to deliver, by personal delivery,
written notice to certain people. 

  (b) Requires the written notice to contain certain information.

(c) Provides that a person is considered to have delivered notice to an
officer under Subsection (a) if the person delivers the notice to an
individual who is working at the place at which the officer ordinarily
conducts the affairs of the office and whose duties include accepting
delivery of items addressed to the officer. 

(d) Provides that Subsection (a) does not require a person to deliver
notice if the position is vacant. 

(e) Requires the court in which the suit is filed to dismiss the suit on a
motion for dismissal made by the county, if a person does not give notice
as required by this section. 

SECTION 2.  Effective date:  September 1, 2003.  Makes application of this
Act prospective.