| |
| |
| |
|
|
AN ACT
|
|
|
relating to legal representation for certain emergency services |
|
|
districts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 775, Health and Safety |
|
|
Code, is amended by adding Section 775.0315 to read as follows: |
|
|
Sec. 775.0315. LEGAL REPRESENTATION. (a) This section |
|
|
applies only to a district located wholly in a county with a |
|
|
population of 1.8 million or more in which two or more cities with a |
|
|
population of 350,000 or more are located. |
|
|
(b) A district may employ or contract with private legal |
|
|
counsel to represent the district on any legal matter. If the |
|
|
district does not employ or contract with private legal counsel on a |
|
|
legal matter, the county attorney, district attorney, or criminal |
|
|
district attorney, as appropriate, with the duty to represent the |
|
|
county in civil matters shall represent the district. |
|
|
(c) A district that receives legal services from a county |
|
|
attorney, district attorney, or criminal district attorney may |
|
|
employ additional private legal counsel on the board's |
|
|
determination that additional counsel is advisable. A district |
|
|
that contracts or employs private legal counsel under Subsection |
|
|
(b) may request and receive additional legal services from the |
|
|
county attorney, district attorney, or criminal district attorney, |
|
|
as appropriate, with the duty to represent the county in civil |
|
|
matters on the board's determination that additional counsel is |
|
|
necessary. |
|
|
(d) If the district receives legal services from a county |
|
|
attorney, district attorney, or criminal district attorney, the |
|
|
district shall contribute money to be credited to the county's |
|
|
general fund account for the county attorney, district attorney, or |
|
|
criminal district attorney, as appropriate, in amounts sufficient |
|
|
to pay all additional salaries and expenses incurred by that |
|
|
officer in performing the duties required by the district. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2038 was passed by the House on April |
|
|
23, 2015, by the following vote: Yeas 135, Nays 4, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2038 was passed by the Senate on May |
|
|
20, 2015, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |