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