HBA-MPA H.B. 1767 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1767
By: Lewis, Glenn
County Affairs
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law is unclear regarding how a county, or its officials
and employees, are to mount a defense when sued by another county official
or employee.  Under present statutes counties have two options when sued.
The county may hire private attorneys, one for each party, or the district
or county attorney may represent the defending county, county official, or
employee.  This can lead to an allegation of conflict of interest, because
the same government counsel defending one party also has attorney
obligations to the suing party.  H.B. 1767 addresses the district or county
attorney's ability to represent the county, county official, or employee in
an action arising from the performance of official duties.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 157.901, Local Government Code, by adding
Subsections (d) and (e), to authorize the district attorney of the district
in which a county is located  or the county attorney to represent a county
official or employee who sues the county or another county official or
employee for an action arising from the performance of a public duty.
Provides that it is not a conflict of interest in such a case for the
district or county attorney, in the same lawsuit, to defend the county,
county official, or employee if different assistant district or county
attorneys are assigned the responsibility for each party. 

SECTION 2.Emergency clause.
  Effective date: upon passage.