| 1 | 1 | | 81R10551 GCB-F |
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| 2 | 2 | | By: Leibowitz H.B. No. 3825 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to legal representation for a county auditor. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 84, Local Government Code, |
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| 10 | 10 | | is amended by adding Section 84.010 to read as follows: |
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| 11 | 11 | | Sec. 84.010. REPRESENTATION OF COUNTY AUDITOR. (a) In |
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| 12 | 12 | | addition to the entitlement to representation provided by Section |
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| 13 | 13 | | 157.901, a county auditor is entitled to representation by the |
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| 14 | 14 | | district attorney or criminal district attorney of the county, or |
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| 15 | 15 | | by private counsel, in all civil litigation or anticipated |
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| 16 | 16 | | litigation in which a county official or county employee sues the |
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| 17 | 17 | | auditor for an action arising from performance of a public duty or |
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| 18 | 18 | | power of office. |
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| 19 | 19 | | (b) The county auditor must first request the district |
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| 20 | 20 | | attorney or criminal district attorney to provide representation. |
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| 21 | 21 | | If the district attorney or criminal district attorney declines to |
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| 22 | 22 | | provide representation, the county auditor may employ private |
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| 23 | 23 | | counsel. |
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| 24 | 24 | | (c) If the county auditor employs private counsel under |
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| 25 | 25 | | Subsection (b), the commissioners court shall pay the county |
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| 26 | 26 | | auditor's reasonable attorney's fees and costs of litigation from |
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| 27 | 27 | | the general funds of the county. Reasonable fees are the usual and |
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| 28 | 28 | | customary attorney's fees for the type of claim for which |
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| 29 | 29 | | representation is provided, and include fees necessary to obtain |
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| 30 | 30 | | payment under this section. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to a cause of action that accrues on or after the effective date of |
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| 33 | 33 | | this Act. A cause of action that accrues before the effective date |
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| 34 | 34 | | of this Act is governed by the law in effect immediately before that |
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| 35 | 35 | | date, and that law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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