84R24509 SCL-F
By: Coleman H.B. No. 2524
A BILL TO BE ENTITLED
AN ACT
relating to legal services provided by a district or county
attorney to county and precinct officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.007, Government Code, is amended to
read as follows:
Sec. 41.007. OPINIONS TO COUNTY AND PRECINCT OFFICIALS.
(a) A [district or county attorney, on request, shall give to a]
county or precinct official may request in writing [of his district
or county] a written opinion or written advice relating to the
official duties of that official, including the interpretation of a
statute relating to the official duties of the official, from the
district or county attorney.
(b) Not later than the 30th day after the date a written
request is submitted under Subsection (a), the district or county
attorney shall:
(1) grant the request and provide the written opinion
or written advice;
(2) deny the request in writing; or
(3) provide written notification to the requestor that
the opinion or written advice cannot be provided by the date
prescribed by this subsection and specify a date by which the
opinion or advice will be provided, which must be reasonable.
(c) If a county or precinct official is sued for an action
arising from the performance of a public duty as a result of
following an opinion or the advice provided under Subsection (a),
the county or precinct official is entitled to representation as
provided by Section 157.901, Local Government Code.
(d) If a county or precinct official requests and obtains
legal advice under this section and fails to implement the advice,
the official is not entitled to representation as provided by
Section 157.901, Local Government Code, in an action arising from
that failure and shall personally reimburse the county for any
damages incurred by the county as a result of that failure.
(e) In this section, "county official" includes a county
auditor.
SECTION 2. The changes in law made by Section 41.007,
Government Code, as amended by this Act, apply only to a request
submitted for a written opinion or written advice on or after the
effective date of this Act. A request submitted before the
effective date of this Act is governed by the law in effect when the
request was submitted, and the former law is continued in effect for
that purpose.
SECTION 3. 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.