By: Kolkhorst S.B. No. 888
(In the Senate - Filed January 23, 2025; February 13, 2025,
read first time and referred to Committee on State Affairs;
March 5, 2025, reported favorably by the following vote: Yeas 11,
Nays 0; March 5, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the attorney general's defense of a district or county
attorney against certain lawsuits in federal court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 402.024, Government Code,
is amended to read as follows:
Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY, COUNTY
ATTORNEY, OR GRAND JUROR.
SECTION 2. Section 402.024, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) The attorney general may defend a state district
attorney or a county attorney in an action in a federal court if:
(1) the district or county attorney is a defendant
because of the district or county attorney's position;
(2) the cause of action relates to the enforcement of a
state statute; and
(3) the district or county attorney requests the
attorney general's assistance in the defense.
SECTION 3. Section 402.024, Government Code, as amended by
this Act, applies only to a court action filed in federal court on
or after the effective date of this Act. A court action filed
before the effective date of this Act is governed by the law in
effect on the date the action was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.
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