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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.