78R2480 SMJ-D

By:  Keel                                                         H.B. No. 620



A BILL TO BE ENTITLED

AN ACT

relating to the legal representation of county officials by private 
attorneys in certain civil cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 157.901, Local Government Code, is 
amended by adding Subsections (b-1), (b-2), and (d) to read as 
follows:
	(b-1)  A county official sued by the county with which the 
official serves for an action arising from the performance of 
public duty is entitled to have the commissioners court of the 
county employ and pay private counsel to represent the official.
	(b-2)  A county official may sue the commissioners court if 
necessary to receive representation under Subsection (b-1).  If the 
official prevails in the suit, the official is entitled to 
reasonable attorney's fees incurred in receiving the 
representation.
	(d)  A private attorney employed under this section may sue 
the county if necessary to collect payment due under this section.  
If the attorney prevails in the suit, the attorney is entitled to 
reasonable attorney's fees incurred in collecting the payment.
	SECTION 2.  (a)  The change in law made by this Act applies 
only in relation to a suit under Section 157.901, Local Government 
Code, as amended by this Act, that is filed on or after the 
effective date of this Act.  A suit that is filed before the 
effective date of this Act is covered by the law in effect when the 
suit was filed, and that law is continued in effect for that 
purpose.
	(b)  This Act takes effect September 1, 2003.