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