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.