83R5842 EAH-F
 
  By: S. Davis of Harris H.B. No. 1016
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to legal representation for civil suits against peace
  officers employed by a school district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 180.002(b), (c), and (d), Local
  Government Code, are amended to read as follows:
         (b)  A municipality or a school district or other special
  purpose district shall provide a municipal or district employee who
  is a peace officer, fire fighter, or emergency medical services
  employee with legal counsel without cost to the employee to defend
  the employee against a suit for damages by a party other than a
  governmental entity if:
               (1)  legal counsel is requested by the employee; and
               (2)  the suit involves an official act of the employee
  within the scope of the employee's authority.
         (c)  To defend the employee against the suit, the
  municipality or [special purpose] district may provide counsel
  already employed by it or may employ private counsel.
         (d)  An employee may recover from a [If the] municipality or
  [special purpose] district that fails to provide counsel as
  required by Subsection (b)[, the employee may recover from it] the
  reasonable attorney's fees incurred in defending the suit if the
  trier of fact finds:
               (1)  that the fees were incurred in defending a suit
  covered by Subsection (b); and
               (2)  that the employee is without fault or that the
  employee acted with a reasonable good faith belief that the
  employee's actions were proper.
         SECTION 2.  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, 2013.