Texas House Bill HB2750

Texas 2015 - 84th Regular

Caption

Relating to legal services provided by a district or county attorney to county and precinct officials.

Impact

This legislation ensures that local officials have expedited access to legal interpretations and guidance, which could enhance their ability to perform their duties effectively. By mandating a response time, HB2750 aims to reduce ambiguities that local officials may face regarding their legal responsibilities. Moreover, the bill is likely to improve accountability, as officials following provided legal opinions will be supported in the event of a lawsuit, thereby encouraging them to act decisively in the execution of their duties.

Summary

House Bill 2750 amends Section 41.007 of the Government Code to formalize the process by which county and precinct officials can requests legal opinions from district or county attorneys. Under the new provisions, county or precinct officials may submit written requests for legal advice regarding their official duties, including statutory interpretations. The bill mandates a response from the attorneys within 30 days of the request, thus creating a clear timeline for the provision of legal guidance to local officials. Additionally, the bill clarifies that a county or precinct official who acts in accordance with the legal opinion provided has the right to legal representation if they face litigation arising from that official action.

Contention

While the bill has garnered support due to its potential to improve the functioning of local governments, concerns have been raised about its implementation and potential delays in legal interpretation if attorneys are overburdened. Additionally, ensuring that all county and precinct officials are informed about these changes and able to access legal services in a timely manner remains critical. Some critics argue that the burden may inadvertently shift to county attorneys, necessitating a review of their resources to fulfill these newly mandated obligations.