| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to legal representation for a county auditor. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 84, Local Government Code, |
|
|
is amended by adding Section 84.010 to read as follows: |
|
|
Sec. 84.010. REPRESENTATION OF COUNTY AUDITOR. (a) In |
|
|
addition to the entitlement to representation provided by Section |
|
|
157.901, a county auditor is entitled to representation by the |
|
|
district attorney or criminal district attorney of the county, or |
|
|
by private counsel, in all civil litigation or anticipated |
|
|
litigation in which a county official or county employee sues the |
|
|
auditor for an action arising from performance of a public duty or |
|
|
power of office. |
|
|
(b) The county auditor must first request the district |
|
|
attorney or criminal district attorney to provide representation. |
|
|
If the district attorney or criminal district attorney declines to |
|
|
provide representation, the county auditor may employ private |
|
|
counsel. |
|
|
(c) If the county auditor employs private counsel under |
|
|
Subsection (b), the commissioners court shall pay the county |
|
|
auditor's reasonable attorney's fees and costs of litigation from |
|
|
the general funds of the county. Reasonable fees are the usual and |
|
|
customary attorney's fees for the type of claim for which |
|
|
representation is provided, and include fees necessary to obtain |
|
|
payment under this section. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a cause of action that accrues on or after the effective date of |
|
|
this Act. A cause of action that accrues before the effective date |
|
|
of this Act is governed by the law in effect immediately before that |
|
|
date, and that law is continued in effect for that purpose. |
|
|
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, 2009. |