By: S. Davis of Harris (Senate Sponsor - Williams) H.B. No. 1016
(In the Senate - Received from the House April 15, 2013;
April 18, 2013, read first time and referred to Committee on State
Affairs; May 3, 2013, reported favorably by the following vote:
Yeas 8, Nays 1; May 3, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to legal representation for civil suits against peace
officers employed by a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 180.002(b), (c), and (d), Local
Government Code, are amended to read as follows:
(b) A municipality or a school district or other special
purpose district shall provide a municipal or district employee who
is a peace officer, fire fighter, or emergency medical services
employee with legal counsel without cost to the employee to defend
the employee against a suit for damages by a party other than a
governmental entity if:
(1) legal counsel is requested by the employee; and
(2) the suit involves an official act of the employee
within the scope of the employee's authority.
(c) To defend the employee against the suit, the
municipality or [special purpose] district may provide counsel
already employed by it or may employ private counsel.
(d) An employee may recover from a [If the] municipality or
[special purpose] district that fails to provide counsel as
required by Subsection (b)[, the employee may recover from it] the
reasonable attorney's fees incurred in defending the suit if the
trier of fact finds:
(1) that the fees were incurred in defending a suit
covered by Subsection (b); and
(2) that the employee is without fault or that the
employee acted with a reasonable good faith belief that the
employee's actions were proper.
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, 2013.
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