HBA-MPA H.B. 799 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 799 By: George County Affairs 2/16/1999 Introduced BACKGROUND AND PURPOSE Currently, a county commissioners court may provide indemnification of an elected or appointed county officer against personal liability for the loss of county funds, or loss of or damage to personal property, incurred in the performance of the officer's official duties. At times, questions have arisen as to whether the actions a county commissioners courts has been asked to indemnify fall within an officer's "official duties." H.B. 799 establishes a procedure in which a commissioners court, faced with an indemnification request from an elected or appointed county officer, may make a determination as to whether the action in question is one that was beyond the scope of the officer's duty or was inconsistent with established county policy. 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 157.9035, as follows: Sec. 157.9035. LIABILITY OF ELECTED AND APPOINTED COUNTY OFFICERS. (a) Authorizes a commissioners court, if it has considered the matter in closed session and provided an elected or appointed county officer with notice and an opportunity to appear there and present evidence, to request the district attorney of the district in which the county is located, or the county attorney to determine whether the officer has acted beyond the scope of the officer's official duties or in a way that is inconsistent with established county policy. (b) Requires the district or county attorney, if requested by the commissioners court as provided in Subsection (a), to provide it with a confidential written opinion on the matter. (c) Requires the commissioners court to hold a public hearing on the matter if the district or county attorney determines that an action of the officer was beyond the scope of the officer's official duties or is inconsistent with established county policy. Provides that the officer must be provided with notice and an opportunity to appear at the hearing and present evidence. (d) Requires the commissioners court to notify the officer of its determination in writing, if it determines after the public hearing by a four-fifths vote that an action of the officer was beyond the scope of the officer's official duties or that it is inconsistent with established county policy. Provides that, after the officer has been notified in writing, the officer is financially liable for any continued action taken that is identified in the notice as inappropriate, and that the county is not responsible for providing legal defense for the officer or paying legal costs or judgments assessed resulting from any such continued action. SECTION 2. Emergency clause. Effective date: upon passage.