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