By:  Harris                                                       S.B. No. 1013


A BILL TO BE ENTITLED

AN ACT

relating to the use of private legal counsel by certain hospital 
districts. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsections (b) and (d), Section 281.056, Health 
and Safety Code, are amended to read as follows:
	(b)  The district may employ or contract with private legal 
counsel to represent the district on any legal matter.  If the 
district does not employ or contract with private legal counsel on a 
legal matter, the [The] county attorney, district attorney, or 
criminal district attorney, as appropriate, with the duty to 
represent the county in civil matters shall represent the district 
[in all legal matters].
	(d)  If the district receives legal services from a county 
attorney, district attorney, or criminal district attorney, the 
[The] district shall contribute sufficient funds to the general 
fund of the county for the account of the budget of the county 
attorney, district attorney, or criminal district attorney, as 
appropriate, to pay all additional salaries and expenses incurred 
by that officer in performing the duties required by the district.
	SECTION 2.  Subsection (c), Section 281.056, Health and 
Safety Code, is repealed.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.


COMMITTEE AMENDMENT NO. 1
	Amend S.B. No. 1013 (Senate Engrossed Version) as follows:                     
	(1)  In SECTION 1 of the bill, strike the recital (page 1, 
lines 5 and 6) and substitute the following:
	Section 281.056, Health and Safety Code, is amended by 
amending Subsections (b) and (d) and adding Subsection (b-1) to 
read as follows:
	(2)  In SECTION 1 of the bill, strike amended Section 
281.056(b), Health and Safety Code (page 1, lines 7 through 13), and 
substitute the following:
	(b)  Except as provided by Subsection (b-1), a district may 
employ or contract with private legal counsel to represent the 
district on any legal matter. If the district does not employ or 
contract with private legal counsel on a legal matter, the [The] 
county attorney, district attorney, or criminal district attorney, 
as appropriate, with the duty to represent the county in civil 
matters shall represent the district [in all legal matters].
	(b-1)  The county attorney, district attorney, or criminal 
district attorney, as appropriate, with the duty to represent the 
county in civil matters shall, in all legal matters, represent a 
district located in:
		(1)  a county with a population of 650,000 or more that 
borders the United Mexican States;
		(2)  a county with a population of 3.4 million or more; 
or           
		(3)  a county with a population of more than 800,000 
that was not included in the boundaries of a hospital district 
before September 1, 2003.
	(3)  Strike SECTION 2 of the bill and renumber subsequent 
SECTIONS of the bill accordingly.

79R17186 KEG-D                                                        Naishtat