| 83R3425 EAH-F | ||
| By: Coleman | H.B. No. 3762 | |
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| relating to the legal defense and indemnification of county | ||
| officials and employees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 157.901, Local Government Code, is | ||
| amended by adding Subsection (d) to read as follows: | ||
| (d) At the request of a county official or employee, the | ||
| attorney general may represent the official or employee in an | ||
| action arising from: | ||
| (1) the performance of a public duty; or | ||
| (2) the refusal to take a formal action that the | ||
| official or employee considers to be contrary to law. | ||
| SECTION 2. Subchapter Z, Chapter 157, Local Government | ||
| Code, is amended by adding Section 157.9011 to read as follows: | ||
| Sec. 157.9011. REPRESENTATION IN MANDAMUS ACTION. (a) A | ||
| county official is entitled to be represented in a mandamus action | ||
| by the district attorney of the district in which the county is | ||
| located, the county attorney, or both. | ||
| (b) A county official is not required to accept the legal | ||
| counsel provided in this section. | ||
| SECTION 3. Section 157.9015(a), Local Government Code, is | ||
| amended to read as follows: | ||
| (a) It is not a conflict of interest for a district or county | ||
| attorney under Section 157.901 to defend a county or a county | ||
| official or employee sued by the county or another county official | ||
| or employee and also to advise or represent the opposing party on a | ||
| separate matter arising from the performance of a public duty, | ||
| regardless of whether the attorney gives the advice or | ||
| representation to the opposing party before the suit began or while | ||
| the suit is pending. | ||
| SECTION 4. Subchapter Z, Chapter 157, Local Government | ||
| Code, is amended by adding Section 157.9016 to read as follows: | ||
| Sec. 157.9016. RECOVERY OF LEGAL FEES. (a) A county or | ||
| district attorney who is not fully funded to provide representation | ||
| under Section 157.901(a) is entitled to reasonable legal fees paid | ||
| from the general fund or a legal expenses fund of the county. | ||
| (b) The attorney general is entitled to reasonable legal | ||
| fees for providing representation under Section 157.901(d) to be | ||
| paid from the general fund or a legal expenses fund of the county in | ||
| which the county official or employee requesting the representation | ||
| serves or is employed. | ||
| (c) Legal fees paid under this section from the county's | ||
| general fund may be recovered by court order from a person, other | ||
| than the county, a county official, or a county employee, | ||
| initiating a legal action. | ||
| SECTION 5. Section 157.903, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 157.903. AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED | ||
| COUNTY OFFICERS. The commissioners court of a county by order may | ||
| provide for the indemnification of an elected or appointed county | ||
| officer against personal liability for the loss of county funds, | ||
| [ |
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| incurred by the officer in the performance of official duties if the | ||
| loss was not the result of the officer's negligence or criminal | ||
| action. | ||
| SECTION 6. The changes in law made by Sections 157.901 and | ||
| 157.9015(a), Local Government Code, as amended by this Act, and | ||
| Section 157.9011, Local Government Code, as added by this Act, | ||
| apply only to an action filed on or after the effective date of this | ||
| Act. An action filed before the effective date of this Act is | ||
| governed by the law in effect when the action was filed, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 7. This Act takes effect September 1, 2013. | ||