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By: A. Johnson of Harris (Senate Sponsor - Huffman) |
H.B. No. 4338 |
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(In the Senate - Received from the House May 17, 2021; |
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May 17, 2021, read first time and referred to Committee on Criminal |
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Justice; May 22, 2021, reported favorably by the following vote: |
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Yeas 7, Nays 0; May 22, 2021, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the representation of a community supervision and |
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corrections department in cases in which a person under the |
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supervision of that department challenges the fact or duration of |
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the supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 76.006, Government Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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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. |
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(d-1) If a person under the supervision of a department |
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challenges the fact or duration of the supervision, the attorney |
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general or the district or county attorney with jurisdiction over |
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the offense for which the person is under supervision shall defend |
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the department or its employees. The attorney general must defend |
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the department or its employees in a case described by this |
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subsection if the district or county attorney is unable to defend |
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the department or its employees, as applicable. At the request of a |
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district or county attorney, the [The] attorney general may provide |
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assistance to the district or county attorney in defending [shall |
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not defend] a department or its employees in cases described by this |
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subsection [in which a person under supervision challenges the fact |
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or duration of the supervision]. |
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SECTION 2. Section 76.006(d-1), Government Code, as added |
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by this Act, applies only to a case described by that subsection |
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that is initiated on or after the effective date of this Act. A case |
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that is initiated before the effective date of this Act is governed |
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by the law in effect on the date the case was initiated, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |
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* * * * * |