Bill Text: TX SB469 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to legal services provided by a district or county attorney to county and precinct officials.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-13 - Corrected comm. report printed & distributed [SB469 Detail]
Download: Texas-2015-SB469-Comm_Sub.html
| By: Rodríguez | S.B. No. 469 | |
| (In the Senate - Filed February 6, 2015; February 10, 2015, | ||
| read first time and referred to Committee on Intergovernmental | ||
| Relations; May 12, 2015, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 6, Nays 0; | ||
| May 12, 2015, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 469 | By: Lucio | |
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| relating to legal services provided by a district or county | ||
| attorney to county and precinct officials. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 41.007, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 41.007. OPINIONS TO COUNTY AND PRECINCT OFFICIALS. | ||
| (a) A [ |
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| county or precinct official may request in writing [ |
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| official duties of that official, including the interpretation of a | ||
| statute relating to the official duties of the official, from the | ||
| district or county attorney. | ||
| (b) Not later than the 30th day after the date a written | ||
| request is submitted under Subsection (a), the district or county | ||
| attorney shall: | ||
| (1) grant the request and provide the written opinion | ||
| or written advice; | ||
| (2) deny the request in writing; or | ||
| (3) provide written notification to the requestor that | ||
| the opinion or written advice cannot be provided by the date | ||
| prescribed by this subsection and specify a date by which the | ||
| opinion or advice will be provided, which must be reasonable. | ||
| (c) If a county or precinct official is sued for an action | ||
| arising from the performance of a public duty as a result of | ||
| following an opinion or the advice provided under Subsection (a), | ||
| the county or precinct official is entitled to representation as | ||
| provided by Section 157.901, Local Government Code. | ||
| (d) In this section, "county official" includes a county | ||
| auditor. | ||
| SECTION 2. The changes in law made by Section 41.007, | ||
| Government Code, as amended by this Act, apply only to a request | ||
| submitted for a written opinion or written advice on or after the | ||
| effective date of this Act. A request submitted before the | ||
| effective date of this Act is governed by the law in effect when the | ||
| request was submitted, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 3. 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. | ||
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