| 1 | 1 | | 88R7553 AMF-D |
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| 2 | 2 | | By: Leach H.B. No. 1610 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the defense of this state or a state agency in actions |
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| 8 | 8 | | challenging the constitutionality of a state statute. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 402.010, Government Code, is amended by |
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| 11 | 11 | | adding Subsections (c-1) and (c-2) to read as follows: |
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| 12 | 12 | | (c-1) The attorney general may not settle or compromise any |
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| 13 | 13 | | claim in an action against this state or a state agency if the |
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| 14 | 14 | | settlement or compromise has the effect of holding that a state |
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| 15 | 15 | | statute is unconstitutional. |
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| 16 | 16 | | (c-2) If a state agency in the executive or legislative |
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| 17 | 17 | | branch of state government is a defendant in an action in which a |
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| 18 | 18 | | party to the litigation files a petition, motion, or other pleading |
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| 19 | 19 | | challenging the constitutionality of a state statute and the |
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| 20 | 20 | | attorney general elects not to defend the agency, the attorney |
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| 21 | 21 | | general shall pay or reimburse the reasonable expenses incurred by |
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| 22 | 22 | | the agency in defending the action, including court costs, |
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| 23 | 23 | | investigative costs, deposition expenses, witness fees, and |
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| 24 | 24 | | attorney's fees. This subsection does not apply to representation |
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| 25 | 25 | | of the agency before the supreme court in violation of Section 22, |
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| 26 | 26 | | Article IV, Texas Constitution. |
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| 27 | 27 | | SECTION 2. Section 402.010, Government Code, as amended by |
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| 28 | 28 | | this Act, applies only to an action filed on or after the effective |
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| 29 | 29 | | date of this Act. An action filed before the effective date of this |
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| 30 | 30 | | Act is governed by the law applicable to the action before the |
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| 31 | 31 | | effective date of this Act, and that law is continued in effect for |
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| 32 | 32 | | that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2023. |
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