Texas 2015 - 84th Regular

Texas House Bill HB2038

Filed
 
Out of House Committee
 
Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 

Caption

Relating to legal representation for certain emergency services districts.

Impact

The enactment of HB2038 would specifically modify the Health and Safety Code by introducing a new provision that allows districts to employ private legal counsel. Furthermore, it specifies that if the districts do not opt for private counsel, they must rely on the representation of their respective county attorneys. This change is expected to improve the operational efficiency of emergency services districts by expanding their options for legal advice and support. Moreover, it establishes financial responsibilities whereby districts that utilize county legal services must contribute to the general fund to cover the costs incurred by those services

Summary

House Bill 2038 addresses the legal representation needs of certain emergency services districts in Texas. Specifically, it allows districts located in counties with a population of 1.8 million or more, and where two cities have populations of 350,000 or more, to engage private legal counsel for legal matters. This provision aims to enhance the legal capabilities of these districts, who may require specialized legal advice beyond what is offered by government attorneys. The bill underscores the importance of effective legal representation in managing emergency services effectively, which can be critical in responding to emergencies and ensuring public safety.

Sentiment

The sentiment surrounding HB2038 appears to be supportive among legislators, as evidenced by its passage in the House with unanimous votes (139-0). This unanimous support reflects a consensus on the necessity for enhancing legal support for emergency services districts, particularly in populous areas where the demand for efficient legal services is high. The alignment among legislators suggests a recognized need for ensuring that these districts can operate effectively in legal matters related to public safety and emergency response.

Contention

While there is broad support for the bill, there may be underlying concerns regarding the financial implications for districts that choose to hire private legal counsel. Critics could argue that while the bill provides necessary legal representation, it may further strain resources by necessitating additional contributions to the county's general fund. Additionally, the reliance on private counsel might lead to disparities in legal representation among districts based on their financial capabilities, potentially raising questions about equity in access to legal resources.

Companion Bills

TX SB772

Identical Relating to legal representation for certain emergency services districts.

Similar Bills

TX HB4803

Relating to the creation of offices of District Attorney for the Northeast Texas, Central Texas, Southeast Texas, and South Texas Regions and the powers and duties of and related to such officers.

TX SB2384

Relating to the creation of the 1st, 2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts, the creation of the office of regional district attorney for each district, and the powers and duties of regional district attorneys.

LA HB477

Provides for new assistant district attorney positions for various judicial districts in the state (EN +$2,592,390 GF EX See Note)

AL SB265

Jefferson Co., Tenth Judicial Circuit, Bessemer Division, add'l assistant district attorney provided for, approval by Jefferson County Commission, Sec. 45-37-82.01 am'd.

AL HB509

Jefferson Co., Tenth Judicial Circuit, Bessemer Division, add'l assistant district attorney provided for, approval by Jefferson County Commission, Sec. 45-37-82.01 am'd.

AL HB409

District Attorneys; absolute immunity established; duties further provided for

CA SB710

District attorneys: conflicts of interest.

CA AB2083

Public utilities: rates.