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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of county officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 157, Local Government |
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Code, is amended by adding Section 157.9035 to read as follows: |
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Sec. 157.9035. LIABILITY OF ELECTED AND APPOINTED COUNTY |
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OFFICERS. (a) The commissioners court of a county may request the |
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district attorney of the district in which the county is located or |
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the county attorney to determine whether an elected or appointed |
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county officer has taken an action that is beyond the scope of the |
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officer's official duties as prescribed by law if the commissioners |
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court: |
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(1) considered the matter in a closed session; and |
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(2) provided the officer with written notice by |
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certified mail and an opportunity to appear and present evidence |
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related to the matter in the closed session. |
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(b) If the commissioners court submits a request to the |
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district or county attorney as provided by Subsection (a), the |
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district or county attorney shall provide the commissioners court |
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with a confidential written opinion on the matter. A copy of the |
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opinion shall also be provided to the officer in question. |
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(c) If the district or county attorney determines that the |
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action taken by the officer was beyond the scope of the officer's |
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official duties as prescribed by law the commissioners court shall |
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hold a public hearing to consider the matter. The officer must be |
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provided with written notice by certified mail and an opportunity |
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to appear and present evidence related to the matter at the public |
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hearing. |
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(d) If the commissioners court determines after the public |
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hearing by a unanimous vote that the action taken by the officer was |
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beyond the scope of the officer's official duties as prescribed by |
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law: |
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(1) the commissioners court shall notify the officer |
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of its determination in writing; and |
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(2) after the officer is notified as provided by this |
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subsection: |
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(A) the officer is financially liable for any |
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continued action taken that is identified in the notice as |
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inappropriate; and |
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(B) the county is not responsible for providing |
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legal defense for the officer or for paying any court costs or |
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judgments assessed resulting from any continued action taken that |
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is identified in the notice as inappropriate. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |