| 1 | 1 | | By: Kolkhorst S.B. No. 950 |
|---|
| 2 | 2 | | (Leach) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the attorney general's defense of a district or county |
|---|
| 8 | 8 | | attorney against certain lawsuits in federal court. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. The heading to Section 402.024, Government Code, |
|---|
| 11 | 11 | | is amended to read as follows: |
|---|
| 12 | 12 | | Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY, COUNTY |
|---|
| 13 | 13 | | ATTORNEY, OR GRAND JUROR. |
|---|
| 14 | 14 | | SECTION 2. Section 402.024, Government Code, is amended by |
|---|
| 15 | 15 | | adding Subsection (c) to read as follows: |
|---|
| 16 | 16 | | (c) The attorney general may defend a state district |
|---|
| 17 | 17 | | attorney or a county attorney in an action in a federal court if: |
|---|
| 18 | 18 | | (1) the district or county attorney is a defendant |
|---|
| 19 | 19 | | because of the district or county attorney's office; |
|---|
| 20 | 20 | | (2) the cause of action relates to the enforcement of a |
|---|
| 21 | 21 | | state statute; and |
|---|
| 22 | 22 | | (3) the district or county attorney requests the |
|---|
| 23 | 23 | | attorney general's assistance in the defense. |
|---|
| 24 | 24 | | SECTION 3. Section 402.024, Government Code, as amended by |
|---|
| 25 | 25 | | this Act, applies only to a court action filed in federal court on |
|---|
| 26 | 26 | | or after the effective date of this Act. A court action filed |
|---|
| 27 | 27 | | before the effective date of this Act is governed by the law in |
|---|
| 28 | 28 | | effect on the date the action was filed, and the former law is |
|---|
| 29 | 29 | | continued in effect for that purpose. |
|---|
| 30 | 30 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|