Texas Senate Bill SB950

Texas 2023 - 88th Regular

• Filed: 2/15/23
• Out of Senate Committee: 4/4/23
• Voted on by Senate: 4/11/23
• Out of House Committee: 5/19/23

Caption

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

Impact

If enacted, SB950 would amend the Government Code to include provisions that specifically allow the Attorney General to represent district or county attorneys in relevant federal court cases. This change aims to strengthen the defenses available to local government attorneys, enhancing their ability to operate without fear of litigation consequences when executing their duties. The bill proposes that representation is contingent upon a request for help from the local attorney and that the legal issues stem directly from the enforcement of state laws.

Summary

Senate Bill 950 is a legislative proposal aimed at clarifying the authority of the Texas Attorney General to defend district and county attorneys against specific lawsuits in federal court. The bill allows the Attorney General to step in and provide defense to local attorneys when they are sued due to actions taken within their capacity as public officials in enforcing state statutes. This initiative is a response to instances where county attorneys, having sought assistance from the Attorney General's office, were denied aid due to the absence of explicit statutory authority for such defense, effectively leaving them vulnerable to federal litigation.

Sentiment

The sentiments surrounding SB950 appear predominantly supportive among legislators who recognize the importance of equipping local attorneys with robust legal defenses. Advocates point out that good laws can sometimes be misused by officials, hence having protective measures in place serves the public interest. However, some dissenting voices exist, arguing that the bill may unintentionally incentivize lawsuits against local officers, suggesting a potential conflict between state and local governance.

Contention

Discussions around SB950 have not been without contention. Critics raised concerns about the implications of broadening the Attorney General's role in defending local officials, possibly limiting the accountability of those officials. Proponents, in contrast, argue that enabling state defense helps to shield local officials from unjust lawsuits and allows them to perform their duties without external legal pressures. Ultimately, the discourse reflects a critical evaluation of how best to balance protection with accountability at various levels of government.

Texas Constitutional Statutes Affected

Government Code

• Chapter 402. Attorney General
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