By: West S.B. No. 414
A BILL TO BE ENTITLED
AN ACT
relating to the liability of county officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 157, Local Government
Code, is amended by adding Section 157.9035 to read as follows:
Sec. 157.9035. LIABILITY OF ELECTED AND APPOINTED COUNTY
OFFICERS. (a) The commissioners court of a county may request the
district attorney of the district in which the county is located or
the county attorney to determine whether an elected or appointed
county officer has taken an action that is beyond the scope of the
officer's official duties as prescribed by law if the commissioners
court:
(1) considered the matter in a closed session; and
(2) provided the officer with written notice by
certified mail and an opportunity to appear and present evidence
related to the matter in the closed session.
(b) If the commissioners court submits a request to the
district or county attorney as provided by Subsection (a), the
district or county attorney shall provide the commissioners court
with a confidential written opinion on the matter. A copy of the
opinion shall also be provided to the officer in question.
(c) If the district or county attorney determines that the
action taken by the officer was beyond the scope of the officer's
official duties as prescribed by law the commissioners court shall
hold a public hearing to consider the matter. The officer must be
provided with written notice by certified mail and an opportunity
to appear and present evidence related to the matter at the public
hearing.
(d) If the commissioners court determines after the public
hearing by a unanimous vote that the action taken by the officer was
beyond the scope of the officer's official duties as prescribed by
law:
(1) the commissioners court shall notify the officer
of its determination in writing; and
(2) after the officer is notified as provided by this
subsection:
(A) the officer is financially liable for any
continued action taken that is identified in the notice as
inappropriate; and
(B) the county is not responsible for providing
legal defense for the officer or for paying any court costs or
judgments assessed resulting from any continued action taken that
is identified in the notice as inappropriate.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.