82R6199 JAM-D
By: Smith of Harris H.B. No. 1698
A BILL TO BE ENTITLED
AN ACT
relating to representation of certain state agencies by the office
of the attorney general in certain law suits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13, Self-Directed Semi-Independent
Agency Project Act (Article 8930, Revised Statutes), is amended to
read as follows:
Sec. 13. SUITS. (a) Except as provided by Subsection (b),
the [The] office of the attorney general shall represent a project
agency in any litigation. The attorney general may assess and
collect from the project agency reasonable attorney's fees
associated with any litigation under this section.
(b) The office of the attorney general may not represent a
project agency in a civil or criminal proceeding or a contested case
hearing against a person holding an occupational license issued by
another project agency if the project agency that issued the
license has determined that the person's conduct is lawful and
within the scope of practice authorized by the person's license.
SECTION 2. The change in law made by this Act applies only
to a legal action filed on or after the effective date of this Act.
A legal action filed before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.