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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to request attorney general advice on |
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questions relating to actions in which the state is interested. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.043, Government Code, is amended to |
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read as follows: |
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Sec. 402.043. QUESTIONS RELATING TO ACTIONS IN WHICH THE |
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STATE IS INTERESTED. The attorney general shall advise an [a |
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district or county] attorney [of this state], on the attorney's |
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request, in the prosecution or defense of an action in which the |
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state is interested before a district or inferior court if: |
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(1) the requesting attorney has investigated the |
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question involved and submitted a brief to the attorney general; |
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and |
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(2) the requesting attorney is: |
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(A) a district or county attorney; or |
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(B) an employee of a county who serves as the head |
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of the county's civil legal department. |
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SECTION 2. 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, 2021. |