| 1 | 1 | | 89R2995 TSS-F |
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| 2 | 2 | | By: Leach H.B. No. 2460 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the attorney general's defense of a district or county |
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| 10 | 10 | | attorney against certain lawsuits in federal court. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 402.024, Government Code, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY, COUNTY |
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| 15 | 15 | | ATTORNEY, OR GRAND JUROR. |
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| 16 | 16 | | SECTION 2. Section 402.024, Government Code, is amended by |
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| 17 | 17 | | adding Subsection (c) to read as follows: |
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| 18 | 18 | | (c) The attorney general may defend a state district |
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| 19 | 19 | | attorney or a county attorney in an action in a federal court if: |
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| 20 | 20 | | (1) the district or county attorney is a defendant |
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| 21 | 21 | | because of the district or county attorney's position; |
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| 22 | 22 | | (2) the cause of action relates to the enforcement of a |
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| 23 | 23 | | state statute; and |
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| 24 | 24 | | (3) the district or county attorney requests the |
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| 25 | 25 | | attorney general's assistance in the defense. |
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| 26 | 26 | | SECTION 3. Section 402.024, Government Code, as amended by |
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| 27 | 27 | | this Act, applies only to a court action filed in federal court on |
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| 28 | 28 | | or after the effective date of this Act. A court action filed |
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| 29 | 29 | | before the effective date of this Act is governed by the law in |
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| 30 | 30 | | effect on the date the action was filed, and the former law is |
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| 31 | 31 | | continued in effect for that purpose. |
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| 32 | 32 | | SECTION 4. This Act takes effect September 1, 2025. |
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