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


Office of House Bill AnalysisC.S.H.B. 1767
By: Lewis, Glenn
County Affairs
4/5/1999
Committee Report (Substituted)

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 or 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.  C.S.H.B. 1767 addresses the district or
county attorney's ability to represent the county or a 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 Subchapter Z, Chapter 157, Local Government Code, by
adding Section 157.9015, as follows: 

Sec. 157.9015.  REPRESENTATION PERMITTED WITHOUT CONFLICT OF INTEREST.  (a)
Provides that it is not a conflict of interest for a district or county
attorney under Section 157.901 (Legal Defense of Employees) to defend a
county or county official or employee sued by another county official or
employee and also to advise or represent the opposing party on a separate
matter arising from performance of a public duty. 

(b) Requires the district or county attorney to assign, if practicable, a
different attorney to defend the county or a county official or employee to
advise or represent the opposing party on a separate matter. 

(c) Provides that this section does not require a district or county
attorney to represent a county official or employee who brings a suit
against the county or another county official or employee for an action
arising from the performance of a public duty. 

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.1767 differs from the original in SECTION 1 by deleting the
proposed Sections 157.901(d) and (e), and replacing those subsections with
Section 157.9015, Local Government Code, which provides that it is not a
conflict of interest for a district or county attorney to defend a county
or county official or employee sued by another county official or employee
and also to advise or represent the opposing party on a separate matter
arising from performance of a public duty.  The substitute requires that,
if practicable, the district or county attorney assign a different attorney
to defend the county or a county official or employee to advise or
represent the opposing party in a separate matter.  Provides that the
district or county attorney is not required to represent a county official
or employee who brings suit against the county or another county official
or employee in a suit for an action arising from the performance of a
public duty.