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


Office of House Bill AnalysisH.B. 1767
By: Lewis, Glenn
County Affairs
7/27/1999
Enrolled

BACKGROUND AND PURPOSE 

Prior to the 76th Legislature Texas law was unclear regarding how a county,
or its officials and employees, are to mount a defense when sued by another
county official or employee.  Under prior statutes counties had two options
when sued.  The county was able to hire private attorneys, one for each
party, or the district or county attorney was able to represent the
defending county or county official or employee. This could have led 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 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, regardless of whether the
attorney gives the advice or representation to the opposing party before
the suit began or while the suit is pending. 

(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.