Texas House Bill HB2460

Texas 2025 - 89th Regular

• Filed: 2/5/25

Caption

Relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court.

Impact

The proposed legislation would impact the responsibilities of the attorney general and the protections afforded to local prosecutors. By allowing the attorney general to step in for these attorneys during federal lawsuits, the bill could bolster the defense capabilities of local officials. This is particularly important in cases where district or county attorneys might struggle to defend themselves against claims while performing their duties related to state law enforcement. The bill intends to reinforce the principle that local legal officials are supported by the higher offices of the state in challenging federal lawsuits.

Summary

House Bill 2460 (HB2460) proposes amendments pertaining to the defense of district and county attorneys in certain federal lawsuits. The bill specifically empowers the attorney general to represent these attorneys if they are defendants in actions related to the enforcement of state statutes, providing that the affected attorney requests this assistance. This change aims to clarify and enhance the legal support available to district and county attorneys when faced with federal challenges arising from their official duties.

Contention

Discussion surrounding HB2460 may focus on the balance between state and federal authority, especially as it allocates more resources to defend local officials against federal lawsuits. Some may argue that this could lead to an overreach of state influence in federal jurisdictions, potentially setting a precedent for increased state-level intervention in local matters. Moreover, the requirement that attorneys must request assistance raises questions about the autonomy of local prosecutors and the implications of this dependency on the attorney general for legal defense purposes.

Texas Constitutional Statutes Affected

Government Code

• Chapter 402. Attorney General
  • Section: New Section