Texas House Bill HB4422

Texas 2021 - 87th Regular

Caption

Relating to the authority to request attorney general advice on questions relating to actions in which the state is interested.

Impact

The bill is expected to positively impact the efficiency of legal proceedings in which the state is involved. By granting clear authority for district and county attorneys to seek advice from the attorney general, HB4422 could enhance the quality of legal representation for the state. This streamlined interaction may lead to more informed legal decisions, reducing the likelihood of missteps that could compromise state interests. Overall, it aims to fortify the legal framework governing actions that are significant to the state's legal standing.

Summary

House Bill 4422 pertains to the authority granted to district and county attorneys to request legal advice from the attorney general concerning actions in which the state has a vested interest. The bill seeks to amend Section 402.043 of the Government Code to clarify the circumstances under which attorneys can seek such advice, specifically emphasizing the prerequisites that the requesting attorney must investigate and submit relevant briefs to the attorney general. This amendment aims to streamline the process through which state attorneys can obtain necessary guidance on legal matters affecting state interests.

Contention

Although the bill primarily seems procedural, it could raise questions about the balance of power between local government attorneys and the state attorney general's office. Opponents might argue that this requirement could limit the autonomy of local attorneys or complicate the legal strategy for cases that may require a quicker response time. Moreover, the bill's passage will be contingent upon receiving a two-thirds majority vote in both legislative houses for immediate effect, which could become a point of contention during discussions among lawmakers.