Bill Text: TX SB414 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the liability of county officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-02 - Referred to Intergovernmental Relations [SB414 Detail]
Download: Texas-2011-SB414-Introduced.html
| By: West | S.B. No. 414 | |
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| relating to the liability of county officers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 157, Local Government | ||
| Code, is amended by adding Section 157.9035 to read as follows: | ||
| Sec. 157.9035. LIABILITY OF ELECTED AND APPOINTED COUNTY | ||
| OFFICERS. (a) The commissioners court of a county may request the | ||
| district attorney of the district in which the county is located or | ||
| the county attorney to determine whether an elected or appointed | ||
| county officer has taken an action that is beyond the scope of the | ||
| officer's official duties as prescribed by law if the commissioners | ||
| court: | ||
| (1) considered the matter in a closed session; and | ||
| (2) provided the officer with written notice by | ||
| certified mail and an opportunity to appear and present evidence | ||
| related to the matter in the closed session. | ||
| (b) If the commissioners court submits a request to the | ||
| district or county attorney as provided by Subsection (a), the | ||
| district or county attorney shall provide the commissioners court | ||
| with a confidential written opinion on the matter. A copy of the | ||
| opinion shall also be provided to the officer in question. | ||
| (c) If the district or county attorney determines that the | ||
| action taken by the officer was beyond the scope of the officer's | ||
| official duties as prescribed by law the commissioners court shall | ||
| hold a public hearing to consider the matter. The officer must be | ||
| provided with written notice by certified mail and an opportunity | ||
| to appear and present evidence related to the matter at the public | ||
| hearing. | ||
| (d) If the commissioners court determines after the public | ||
| hearing by a unanimous vote that the action taken by the officer was | ||
| beyond the scope of the officer's official duties as prescribed by | ||
| law: | ||
| (1) the commissioners court shall notify the officer | ||
| of its determination in writing; and | ||
| (2) after the officer is notified as provided by this | ||
| subsection: | ||
| (A) the officer is financially liable for any | ||
| continued action taken that is identified in the notice as | ||
| inappropriate; and | ||
| (B) the county is not responsible for providing | ||
| legal defense for the officer or for paying any court costs or | ||
| judgments assessed resulting from any continued action taken that | ||
| is identified in the notice as inappropriate. | ||
| 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, 2011. | ||
