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A BILL TO BE ENTITLED
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AN ACT
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relating to legal services provided by a district or county |
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attorney to county and precinct officials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.007, Government Code, is amended to |
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read as follows: |
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Sec. 41.007. OPINIONS TO COUNTY AND PRECINCT OFFICIALS. |
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(a) A [district or county attorney, on request, shall give to a] |
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county or precinct official may request in writing [of his district
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or county] a written opinion or written advice relating to the |
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official duties of that official, including the interpretation of a |
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statute relating to the official duties of the official, from the |
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district or county attorney. |
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(b) Not later than the 30th day after the date a written |
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request is submitted under Subsection (a), the district or county |
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attorney shall: |
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(1) grant the request and provide the written opinion |
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or written advice; |
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(2) deny the request in writing; or |
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(3) provide written notification to the requestor that |
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the opinion or written advice cannot be provided by the date |
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prescribed by this subsection and specify a date by which the |
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opinion or advice will be provided, which must be reasonable. |
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(c) If a county or precinct official is sued for an action |
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arising from the performance of a public duty as a result of |
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following an opinion or the advice provided under Subsection (a), |
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the county or precinct official is entitled to representation as |
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provided by Section 157.901, Local Government Code. |
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(d) If a county or precinct official requests and obtains |
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legal advice under this section and fails to implement the advice, |
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the official is not entitled to representation as provided by |
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Section 157.901, Local Government Code, in an action arising from |
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that failure and shall personally reimburse the county for any |
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damages incurred by the county as a result of that failure. |
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(e) In this section, "county official" includes a county |
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auditor. |
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SECTION 2. The changes in law made by Section 41.007, |
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Government Code, as amended by this Act, apply only to a request |
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submitted for a written opinion or written advice on or after the |
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effective date of this Act. A request submitted before the |
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effective date of this Act is governed by the law in effect when the |
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request was submitted, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. 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, 2015. |