83R3425 EAH-F
By: Rodriguez S.B. No. 1738
A BILL TO BE ENTITLED
AN ACT
relating to the legal defense and indemnification of county
officials and employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.901, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) At the request of a county official or employee, the
attorney general may represent the official or employee in an
action arising from:
(1) the performance of a public duty; or
(2) the refusal to take a formal action that the
official or employee considers to be contrary to law.
SECTION 2. Subchapter Z, Chapter 157, Local Government
Code, is amended by adding Section 157.9011 to read as follows:
Sec. 157.9011. REPRESENTATION IN MANDAMUS ACTION. (a) A
county official is entitled to be represented in a mandamus action
by the district attorney of the district in which the county is
located, the county attorney, or both.
(b) A county official is not required to accept the legal
counsel provided in this section.
SECTION 3. Section 157.9015(a), Local Government Code, is
amended to read as follows:
(a) It is not a conflict of interest for a district or county
attorney under Section 157.901 to defend a county or a county
official or employee sued by the county or another county official
or employee and also to advise or represent the opposing party on a
separate matter arising from the performance of a public duty,
regardless of whether the attorney gives the advice or
representation to the opposing party before the suit began or while
the suit is pending.
SECTION 4. Subchapter Z, Chapter 157, Local Government
Code, is amended by adding Section 157.9016 to read as follows:
Sec. 157.9016. RECOVERY OF LEGAL FEES. (a) A county or
district attorney who is not fully funded to provide representation
under Section 157.901(a) is entitled to reasonable legal fees paid
from the general fund or a legal expenses fund of the county.
(b) The attorney general is entitled to reasonable legal
fees for providing representation under Section 157.901(d) to be
paid from the general fund or a legal expenses fund of the county in
which the county official or employee requesting the representation
serves or is employed.
(c) Legal fees paid under this section from the county's
general fund may be recovered by court order from a person, other
than the county, a county official, or a county employee,
initiating a legal action.
SECTION 5. Section 157.903, Local Government Code, is
amended to read as follows:
Sec. 157.903. AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED
COUNTY OFFICERS. The commissioners court of a county by order may
provide for the indemnification of an elected or appointed county
officer against personal liability for the loss of county funds,
[or] loss of or damage to personal property, or other losses
incurred by the officer in the performance of official duties if the
loss was not the result of the officer's negligence or criminal
action.
SECTION 6. The changes in law made by Sections 157.901 and
157.9015(a), Local Government Code, as amended by this Act, and
Section 157.9011, Local Government Code, as added by this Act,
apply only to an action filed on or after the effective date of this
Act. An action filed before the effective date of this Act is
governed by the law in effect when the action was filed, and the
former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2013.