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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of the attorney general to represent community |
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supervision and corrections departments in certain habeas corpus |
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proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 76.006(d), Government Code, is amended |
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to read as follows: |
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(d) The attorney general has the duty to defend a department |
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for suits for injunctive, declaratory, or monetary relief brought |
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against it for any action not covered by an indemnification policy, |
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except any action brought by the state or another political |
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subdivision. The attorney general shall [not] defend a department |
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or its employees in a habeas corpus proceeding under Chapter 11, |
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Code of Criminal Procedure, [cases] in which a person under |
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supervision challenges the fact or duration of the supervision if |
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the attorney representing the state in the prosecution of the |
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offense for which the person was placed on community supervision |
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does not agree to represent the department or its employees, as |
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applicable, in the habeas corpus proceeding. |
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SECTION 2. The change in law made by this Act applies only |
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to a habeas corpus proceeding for which an application for a writ of |
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habeas corpus is filed on or after the effective date of this Act. A |
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habeas corpus proceeding for which an application is filed before |
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the effective date of this Act is governed by the law in effect when |
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the application was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |