Texas 2015 - 84th Regular

Texas House Bill HB2038 Compare Versions

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1-By: Geren (Senate Sponsor - Hancock) H.B. No. 2038
2- (In the Senate - Received from the House April 27, 2015;
3- May 5, 2015, read first time and referred to Committee on
4- Intergovernmental Relations; May 13, 2015, reported favorably by
5- the following vote: Yeas 6, Nays 0; May 13, 2015, sent to
6- printer.)
7-Click here to see the committee vote
1+H.B. No. 2038
82
93
10- A BILL TO BE ENTITLED
114 AN ACT
125 relating to legal representation for certain emergency services
136 districts.
147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
158 SECTION 1. Subchapter C, Chapter 775, Health and Safety
169 Code, is amended by adding Section 775.0315 to read as follows:
1710 Sec. 775.0315. LEGAL REPRESENTATION. (a) This section
1811 applies only to a district located wholly in a county with a
1912 population of 1.8 million or more in which two or more cities with a
2013 population of 350,000 or more are located.
2114 (b) A district may employ or contract with private legal
2215 counsel to represent the district on any legal matter. If the
2316 district does not employ or contract with private legal counsel on a
2417 legal matter, the county attorney, district attorney, or criminal
2518 district attorney, as appropriate, with the duty to represent the
2619 county in civil matters shall represent the district.
2720 (c) A district that receives legal services from a county
2821 attorney, district attorney, or criminal district attorney may
2922 employ additional private legal counsel on the board's
3023 determination that additional counsel is advisable. A district
3124 that contracts or employs private legal counsel under Subsection
3225 (b) may request and receive additional legal services from the
3326 county attorney, district attorney, or criminal district attorney,
3427 as appropriate, with the duty to represent the county in civil
3528 matters on the board's determination that additional counsel is
3629 necessary.
3730 (d) If the district receives legal services from a county
3831 attorney, district attorney, or criminal district attorney, the
3932 district shall contribute money to be credited to the county's
4033 general fund account for the county attorney, district attorney, or
4134 criminal district attorney, as appropriate, in amounts sufficient
4235 to pay all additional salaries and expenses incurred by that
4336 officer in performing the duties required by the district.
4437 SECTION 2. This Act takes effect immediately if it receives
4538 a vote of two-thirds of all the members elected to each house, as
4639 provided by Section 39, Article III, Texas Constitution. If this
4740 Act does not receive the vote necessary for immediate effect, this
4841 Act takes effect September 1, 2015.
49- * * * * *
42+ ______________________________ ______________________________
43+ President of the Senate Speaker of the House
44+ I certify that H.B. No. 2038 was passed by the House on April
45+ 23, 2015, by the following vote: Yeas 135, Nays 4, 2 present, not
46+ voting.
47+ ______________________________
48+ Chief Clerk of the House
49+ I certify that H.B. No. 2038 was passed by the Senate on May
50+ 20, 2015, by the following vote: Yeas 31, Nays 0.
51+ ______________________________
52+ Secretary of the Senate
53+ APPROVED: _____________________
54+ Date
55+ _____________________
56+ Governor