Federal court, state law enforcement, and the prosecutor asks.
The bill lets the Texas attorney general defend a district attorney or county attorney who is sued in federal court. It applies only when the prosecutor is sued because of the office, the lawsuit is about enforcing a state law, and the prosecutor asks for help. Starting September 1, 2025, local prosecutors hit with new federal suits over state laws can get the state's lawyers, but the attorney general is not required to step in.
Labels
Labels: BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 950 by Sen. Kolkhorst (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.
relating to the attorney general's defense of a district or county
attorney against certain lawsuits in federal court.
WHAT IT DOES
Federal court, state law enforcement, and the prosecutor asks.
The bill lets the Texas attorney general defend a district attorney or county attorney who is sued in federal court. It applies only when the prosecutor is sued because of the office, the lawsuit is about enforcing a state law, and the prosecutor asks for help. Starting September 1, 2025, local prosecutors hit with new federal suits over state laws can get the state's lawyers, but the attorney general is not required to step in.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
89R2995 TSS-F
By: Leach
H.B. No. 2460
A BILL TO BE ENTITLED
AN ACT
relating to the attorney general's defense of a district or county
attorney against certain lawsuits in federal court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 402.024, Government Code,
is amended to read as follows:
Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY , COUNTY
ATTORNEY, OR GRAND JUROR.
SECTION 2. Section 402.024, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) The attorney general may defend a state district
attorney or a county attorney in an action in a federal court if:
(1) the district or county attorney is a defendant
because of the district or county attorney's position;
(2) the cause of action relates to the enforcement of a
state statute; and
(3) the district or county attorney requests the
attorney general's assistance in the defense.
SECTION 3. Section 402.024, Government Code, as amended by
this Act, applies only to a court action filed in federal court on
or after the effective date of this Act. A court action filed
before the effective date of this Act is governed by the law in
effect on the date the action was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.