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1 | 1 | 87R2520 SCL-D | |
2 | 2 | By: King of Uvalde H.B. No. 4422 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the authority to request attorney general advice on | |
8 | 8 | questions relating to actions in which the state is interested. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Section 402.043, Government Code, is amended to | |
11 | 11 | read as follows: | |
12 | 12 | Sec. 402.043. QUESTIONS RELATING TO ACTIONS IN WHICH THE | |
13 | 13 | STATE IS INTERESTED. The attorney general shall advise an [a | |
14 | 14 | district or county] attorney [of this state], on the attorney's | |
15 | 15 | request, in the prosecution or defense of an action in which the | |
16 | 16 | state is interested before a district or inferior court if: | |
17 | 17 | (1) the requesting attorney has investigated the | |
18 | 18 | question involved and submitted a brief to the attorney general; | |
19 | 19 | and | |
20 | 20 | (2) the requesting attorney is: | |
21 | 21 | (A) a district or county attorney; or | |
22 | 22 | (B) an employee of a county who serves as the head | |
23 | 23 | of the county's civil legal department. | |
24 | 24 | SECTION 2. This Act takes effect immediately if it receives | |
25 | 25 | a vote of two-thirds of all the members elected to each house, as | |
26 | 26 | provided by Section 39, Article III, Texas Constitution. If this | |
27 | 27 | Act does not receive the vote necessary for immediate effect, this | |
28 | 28 | Act takes effect September 1, 2021. |