By: Geren (Senate Sponsor - Hancock) H.B. No. 2038
(In the Senate - Received from the House April 27, 2015;
May 5, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 13, 2015, reported favorably by
the following vote: Yeas 6, Nays 0; May 13, 2015, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to legal representation for certain emergency services
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0315 to read as follows:
Sec. 775.0315. LEGAL REPRESENTATION. (a) This section
applies only to a district located wholly in a county with a
population of 1.8 million or more in which two or more cities with a
population of 350,000 or more are located.
(b) A district may employ or contract with private legal
counsel to represent the district on any legal matter. If the
district does not employ or contract with private legal counsel on a
legal matter, the county attorney, district attorney, or criminal
district attorney, as appropriate, with the duty to represent the
county in civil matters shall represent the district.
(c) A district that receives legal services from a county
attorney, district attorney, or criminal district attorney may
employ additional private legal counsel on the board's
determination that additional counsel is advisable. A district
that contracts or employs private legal counsel under Subsection
(b) may request and receive additional legal services from the
county attorney, district attorney, or criminal district attorney,
as appropriate, with the duty to represent the county in civil
matters on the board's determination that additional counsel is
necessary.
(d) If the district receives legal services from a county
attorney, district attorney, or criminal district attorney, the
district shall contribute money to be credited to the county's
general fund account for the county attorney, district attorney, or
criminal district attorney, as appropriate, in amounts sufficient
to pay all additional salaries and expenses incurred by that
officer in performing the duties required by the district.
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, 2015.
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