| 1 | 1 | | By: Hancock S.B. No. 772 |
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| 2 | 2 | | (In the Senate - Filed February 25, 2015; March 2, 2015, |
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| 3 | 3 | | read first time and referred to Committee on Intergovernmental |
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| 4 | 4 | | Relations; April 23, 2015, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 7, Nays 0; April 23, 2015, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to legal representation for certain emergency services |
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| 12 | 12 | | districts. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subchapter C, Chapter 775, Health and Safety |
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| 15 | 15 | | Code, is amended by adding Section 775.0315 to read as follows: |
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| 16 | 16 | | Sec. 775.0315. LEGAL REPRESENTATION. (a) This section |
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| 17 | 17 | | applies only to a district located wholly in a county with a |
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| 18 | 18 | | population of 1.8 million or more in which two or more cities with a |
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| 19 | 19 | | population of 350,000 or more are located. |
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| 20 | 20 | | (b) A district may employ or contract with private legal |
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| 21 | 21 | | counsel to represent the district on any legal matter. If the |
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| 22 | 22 | | district does not employ or contract with private legal counsel on a |
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| 23 | 23 | | legal matter, the county attorney, district attorney, or criminal |
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| 24 | 24 | | district attorney, as appropriate, with the duty to represent the |
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| 25 | 25 | | county in civil matters shall represent the district. |
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| 26 | 26 | | (c) A district that receives legal services from a county |
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| 27 | 27 | | attorney, district attorney, or criminal district attorney may |
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| 28 | 28 | | employ additional private legal counsel on the board's |
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| 29 | 29 | | determination that additional counsel is advisable. A district |
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| 30 | 30 | | that contracts or employs private legal counsel under Subsection |
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| 31 | 31 | | (b) may request and receive additional legal services from the |
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| 32 | 32 | | county attorney, district attorney, or criminal district attorney, |
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| 33 | 33 | | as appropriate, with the duty to represent the county in civil |
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| 34 | 34 | | matters on the board's determination that additional counsel is |
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| 35 | 35 | | necessary. |
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| 36 | 36 | | (d) If the district receives legal services from a county |
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| 37 | 37 | | attorney, district attorney, or criminal district attorney, the |
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| 38 | 38 | | district shall contribute money to be credited to the county's |
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| 39 | 39 | | general fund account for the county attorney, district attorney, or |
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| 40 | 40 | | criminal district attorney, as appropriate, in amounts sufficient |
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| 41 | 41 | | to pay all additional salaries and expenses incurred by that |
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| 42 | 42 | | officer in performing the duties required by the district. |
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| 43 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2015. |
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| 48 | 48 | | * * * * * |
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