78R787 SMJ-F
By: Dutton H.B. No. 2435
A BILL TO BE ENTITLED
AN ACT
relating to the legal representation of county officials by
district, county, and private attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.901, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(d) to read as follows:
(a) A county official or employee sued by any entity[, other
than the county with which the official or employee serves,] for an
action arising from the performance of public duty is entitled to be
represented by the district attorney of the district in which the
county is located, the county attorney, or both.
(a-1) A county official with a cause of action against
another county official arising from the performance of public duty
is entitled to be represented by the district attorney of the
district in which the county is located, the county attorney, or
both. If the district attorney and the county attorney decline to
represent the official, the official is entitled to have the
commissioners court of the county employ and pay private counsel.
(d) A private attorney employed under this section who
prevails in a suit against a county for payment under this section
is entitled to reasonable attorney's fees incurred in collecting
the payment.
SECTION 2. The change in law made by this Act applies only
to an action described by Section 157.901(a), Local Government
Code, as amended by this Act, or a cause of action under Section
157.901(a-1), Local Government Code, as added by this Act, that is
brought on or after the effective date of this Act. An action that
is brought before the effective date of this Act is covered by the
law in effect when the action was brought, and that law is continued
in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2003.