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.