Texas 2015 - 84th Regular

Texas Senate Bill SB469 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Rodríguez S.B. No. 469
2	2		(In the Senate - Filed February 6, 2015; February 10, 2015,
3	3		read first time and referred to Committee on Intergovernmental
4	4		Relations; May 12, 2015, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 5, Nays 0,
6		-	~~1 present not voting;~~ May 12, 2015, sent to printer.)
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 0;
	6	+	May 12, 2015, sent to printer.)
7	7		Click here to see the committee vote
8	8		COMMITTEE SUBSTITUTE FOR S.B. No. 469 By: Lucio
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10	10
11	11		A BILL TO BE ENTITLED
12	12		AN ACT
13	13		relating to legal services provided by a district or county
14	14		attorney to county and precinct officials.
15	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16		SECTION 1. Section 41.007, Government Code, is amended to
17	17		read as follows:
18	18		Sec. 41.007. OPINIONS TO COUNTY AND PRECINCT OFFICIALS.
19	19		(a) A [district or county attorney, on request, shall give to a]
20	20		county or precinct official may request in writing [of his district
21	21		or county] a written opinion or written advice relating to the
22	22		official duties of that official, including the interpretation of a
23	23		statute relating to the official duties of the official, from the
24	24		district or county attorney.
25	25		(b) Not later than the 30th day after the date a written
26	26		request is submitted under Subsection (a), the district or county
27	27		attorney shall:
28	28		(1) grant the request and provide the written opinion
29	29		or written advice;
30	30		(2) deny the request in writing; or
31	31		(3) provide written notification to the requestor that
32	32		the opinion or written advice cannot be provided by the date
33	33		prescribed by this subsection and specify a date by which the
34	34		opinion or advice will be provided, which must be reasonable.
35	35		(c) If a county or precinct official is sued for an action
36	36		arising from the performance of a public duty as a result of
37	37		following an opinion or the advice provided under Subsection (a),
38	38		the county or precinct official is entitled to representation as
39	39		provided by Section 157.901, Local Government Code.
40	40		(d) In this section, "county official" includes a county
41	41		auditor.
42	42		SECTION 2. The changes in law made by Section 41.007,
43	43		Government Code, as amended by this Act, apply only to a request
44	44		submitted for a written opinion or written advice on or after the
45	45		effective date of this Act. A request submitted before the
46	46		effective date of this Act is governed by the law in effect when the
47	47		request was submitted, and the former law is continued in effect for
48	48		that purpose.
49	49		SECTION 3. This Act takes effect immediately if it receives
50	50		a vote of two-thirds of all the members elected to each house, as
51	51		provided by Section 39, Article III, Texas Constitution. If this
52	52		Act does not receive the vote necessary for immediate effect, this
53	53		Act takes effect September 1, 2015.
54	54		* * * * *