BILL ANALYSIS Senate Research Center S.B. 888 89R2995 TSS-F By: Kolkhorst State Affairs 2/19/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In 2022, several Texas county attorneys were named as defendants in a federal lawsuit challenging the implementation of a recent state law. County attorneys named in the lawsuit sought out representation from the Texas office of the attorney general which declined to offer representation, alleging an absence of statutory authority for representing a county attorney. Current law gives authority to the Texas attorney general to defend a district attorney but does not give explicit authority to defend a district attorney for enforcement of a state statute. In addition, current law is silent on the ability of the attorney general to defend a county attorney in any matter. S.B. 888 makes clear that the attorney general has authority to defend a district attorney or county attorney in federal court if the cause of action relates to the enforcement of a state statute and the county attorney or district attorney requests assistance in the defense. As proposed, S.B. 888 amends current law relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading to Section 402.024, Government Code, to read as follows: Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY, COUNTY ATTORNEY, OR GRAND JUROR. SECTION 2. Amends Section 402.024, Government Code, by adding Subsection (c), to authorize the attorney general to defend a state district attorney or a county attorney in an action in a federal court if the district or county attorney is a defendant because of the district or county attorney's position, the cause of action relates to the enforcement of a state statute, and the district or county attorney requests the attorney general's assistance in the defense. SECTION 3. Makes application of Section 402.024, Government Code, as amended by this Act, prospective. SECTION 4. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 888
89R2995 TSS-F By: Kolkhorst
State Affairs
2/19/2025
As Filed
Senate Research Center
S.B. 888
89R2995 TSS-F
By: Kolkhorst
State Affairs
2/19/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In 2022, several Texas county attorneys were named as defendants in a federal lawsuit challenging the implementation of a recent state law. County attorneys named in the lawsuit sought out representation from the Texas office of the attorney general which declined to offer representation, alleging an absence of statutory authority for representing a county attorney.
Current law gives authority to the Texas attorney general to defend a district attorney but does not give explicit authority to defend a district attorney for enforcement of a state statute. In addition, current law is silent on the ability of the attorney general to defend a county attorney in any matter.
S.B. 888 makes clear that the attorney general has authority to defend a district attorney or county attorney in federal court if the cause of action relates to the enforcement of a state statute and the county attorney or district attorney requests assistance in the defense.
As proposed, S.B. 888 amends current law relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Section 402.024, Government Code, to read as follows:
Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY, COUNTY ATTORNEY, OR GRAND JUROR.
SECTION 2. Amends Section 402.024, Government Code, by adding Subsection (c), to authorize the attorney general to defend a state district attorney or a county attorney in an action in a federal court if the district or county attorney is a defendant because of the district or county attorney's position, the cause of action relates to the enforcement of a state statute, and the district or county attorney requests the attorney general's assistance in the defense.
SECTION 3. Makes application of Section 402.024, Government Code, as amended by this Act, prospective.
SECTION 4. Effective date: September 1, 2025.