| 1 | 1 | | 83R21348 EAH-F |
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| 2 | 2 | | By: Coleman H.B. No. 3762 |
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| 3 | 3 | | Substitute the following for H.B. No. 3762: |
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| 4 | 4 | | By: Hernandez Luna C.S.H.B. No. 3762 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to legal services provided by a district or county |
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| 10 | 10 | | attorney to county and precinct officials. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 41.007, Government Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 41.007. OPINIONS TO COUNTY AND PRECINCT OFFICIALS. |
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| 15 | 15 | | (a) A [district or county attorney, on request, shall give to a] |
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| 16 | 16 | | county or precinct official may request in writing [of his district |
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| 17 | 17 | | or county] a written opinion or written advice relating to the |
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| 18 | 18 | | official duties of that official, including the interpretation of a |
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| 19 | 19 | | statute relating to the official duties of the official, from the |
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| 20 | 20 | | district or county attorney. |
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| 21 | 21 | | (b) Not later than the 30th day after the date a written |
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| 22 | 22 | | request is submitted under Subsection (a), the district or county |
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| 23 | 23 | | attorney shall: |
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| 24 | 24 | | (1) grant the request and provide the written opinion |
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| 25 | 25 | | or written advice; or |
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| 26 | 26 | | (2) deny the request in writing. |
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| 27 | 27 | | (c) If a county or precinct official is sued for an action |
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| 28 | 28 | | arising from the performance of a public duty as a result of |
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| 29 | 29 | | following an opinion or the advice provided under Subsection (a), |
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| 30 | 30 | | the county or precinct official is entitled to representation as |
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| 31 | 31 | | provided by Section 157.901, Local Government Code. |
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| 32 | 32 | | (d) In this section, "county official" includes a county |
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| 33 | 33 | | auditor. |
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| 34 | 34 | | SECTION 2. The changes in law made by Section 41.007, |
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| 35 | 35 | | Government Code, as amended by this Act, apply only to a request |
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| 36 | 36 | | submitted for a written opinion or written advice on or after the |
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| 37 | 37 | | effective date of this Act. A request submitted before the |
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| 38 | 38 | | effective date of this Act is governed by the law in effect when the |
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| 39 | 39 | | request was submitted, and the former law is continued in effect for |
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| 40 | 40 | | that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2013. |
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