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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) a county employee who: |
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(i) serves as the head of the civil legal |
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department of a county located on the international border that has |
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a population of less than 400,000 and contains one or more |
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municipalities with a population of 200,000 or more; and |
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(ii) has received approval for the |
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submission of the request from the commissioners court of the |
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county. |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1339 passed the Senate on |
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April 28, 2021, by the following vote: Yeas 25, Nays 6. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1339 passed the House on |
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May 8, 2021, by the following vote: Yeas 139, Nays 2, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |