House Bill No. 4462 seeks to amend the Government Code to authorize certain counties to contract for outside legal counsel under specific circumstances. The bill modifies the heading of Subchapter D, Chapter 2254, to include "FOR STATE AGENCIES AND CERTAIN COUNTIES" and specifies that the subchapter applies to state agencies and counties with populations exceeding 3.3 million. It also introduces a new section, 2254.155, which allows a county's commissioners court to contract for outside legal services when a county official or their staff is involved in a civil action or requires legal counsel due to a potential conflict of interest with the county attorney.
Additionally, the bill stipulates that outside legal counsel cannot settle or compromise any action against a county official without approval from both the official and the commissioners court. The commissioners court is responsible for authorizing payments for these legal services, which will be subject to audit by the county auditor. Furthermore, the county attorney is prohibited from providing legal services related to contracts established under this new provision. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.
Statutes affected: Introduced: Government Code 2254.152, Government Code 2254.153, Government Code 2254.154 (Government Code 2254)
House Committee Report: Government Code 2254.152, Government Code 2254.153, Government Code 2254.154 (Government Code 2254)