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AN ACT
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relating to legal representation for civil suits against peace |
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officers employed by a school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 180.002(b), (c), and (d), Local |
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Government Code, are amended to read as follows: |
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(b) A municipality or a school district or other special |
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purpose district shall provide a municipal or district employee who |
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is a peace officer, fire fighter, or emergency medical services |
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employee with legal counsel without cost to the employee to defend |
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the employee against a suit for damages by a party other than a |
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governmental entity if: |
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(1) legal counsel is requested by the employee; and |
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(2) the suit involves an official act of the employee |
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within the scope of the employee's authority. |
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(c) To defend the employee against the suit, the |
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municipality or [special purpose] district may provide counsel |
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already employed by it or may employ private counsel. |
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(d) An employee may recover from a [If the] municipality or |
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[special purpose] district that fails to provide counsel as |
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required by Subsection (b)[, the employee may recover from it] the |
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reasonable attorney's fees incurred in defending the suit if the |
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trier of fact finds: |
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(1) that the fees were incurred in defending a suit |
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covered by Subsection (b); and |
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(2) that the employee is without fault or that the |
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employee acted with a reasonable good faith belief that the |
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employee's actions were proper. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1016 was passed by the House on April |
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11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1016 was passed by the Senate on May |
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7, 2013, by the following vote: Yeas 27, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |