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A BILL TO BE ENTITLED
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AN ACT
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relating to the legal defense and indemnification of county |
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officials and employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.901, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) At the request of a county official or employee, the |
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attorney general may represent the official or employee in an |
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action arising from: |
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(1) the performance of a public duty; or |
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(2) the refusal to take a formal action that the |
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official or employee considers to be contrary to law. |
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SECTION 2. Subchapter Z, Chapter 157, Local Government |
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Code, is amended by adding Section 157.9011 to read as follows: |
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Sec. 157.9011. REPRESENTATION IN MANDAMUS ACTION. (a) A |
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county official is entitled to be represented in a mandamus action |
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by the district attorney of the district in which the county is |
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located, the county attorney, or both. |
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(b) A county official is not required to accept the legal |
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counsel provided in this section. |
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SECTION 3. Section 157.9015(a), Local Government Code, is |
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amended to read as follows: |
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(a) It is not a conflict of interest for a district or county |
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attorney under Section 157.901 to defend a county or a county |
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official or employee sued by the county or another county official |
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or employee and also to advise or represent the opposing party on a |
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separate matter arising from the performance of a public duty, |
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regardless of whether the attorney gives the advice or |
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representation to the opposing party before the suit began or while |
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the suit is pending. |
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SECTION 4. Subchapter Z, Chapter 157, Local Government |
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Code, is amended by adding Section 157.9016 to read as follows: |
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Sec. 157.9016. RECOVERY OF LEGAL FEES. (a) A county or |
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district attorney who is not fully funded to provide representation |
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under Section 157.901(a) is entitled to reasonable legal fees paid |
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from the general fund or a legal expenses fund of the county. |
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(b) The attorney general is entitled to reasonable legal |
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fees for providing representation under Section 157.901(d) to be |
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paid from the general fund or a legal expenses fund of the county in |
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which the county official or employee requesting the representation |
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serves or is employed. |
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(c) Legal fees paid under this section from the county's |
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general fund may be recovered by court order from a person, other |
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than the county, a county official, or a county employee, |
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initiating a legal action. |
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SECTION 5. Section 157.903, Local Government Code, is |
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amended to read as follows: |
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Sec. 157.903. AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED |
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COUNTY OFFICERS. The commissioners court of a county by order may |
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provide for the indemnification of an elected or appointed county |
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officer against personal liability for the loss of county funds, |
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[or] loss of or damage to personal property, or other losses |
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incurred by the officer in the performance of official duties if the |
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loss was not the result of the officer's negligence or criminal |
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action. |
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SECTION 6. The changes in law made by Sections 157.901 and |
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157.9015(a), Local Government Code, as amended by this Act, and |
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Section 157.9011, Local Government Code, as added by this Act, |
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apply only to an action filed on or after the effective date of this |
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Act. An action filed before the effective date of this Act is |
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governed by the law in effect when the action was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |