| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the attorney general's defense of a district or county |
|
|
attorney against certain lawsuits in federal court. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 402.024, Government Code, |
|
|
is amended to read as follows: |
|
|
Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY, COUNTY |
|
|
ATTORNEY, OR GRAND JUROR. |
|
|
SECTION 2. Section 402.024, Government Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) The attorney general may defend a state district |
|
|
attorney or a county attorney in an action in a federal court if: |
|
|
(1) the district or county attorney is a defendant |
|
|
because of the district or county attorney's office; |
|
|
(2) the cause of action relates to the enforcement of a |
|
|
state statute; and |
|
|
(3) the district or county attorney requests the |
|
|
attorney general's assistance in the defense. |
|
|
SECTION 3. Section 402.024, Government Code, as amended by |
|
|
this Act, applies only to a court action filed in federal court on |
|
|
or after the effective date of this Act. A court action filed |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect on the date the action was filed, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |