Bill Text: TX HB1088 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Relating to the representation of a community supervision and corrections department in cases in which a person under the supervision of that department challenges the fact or duration of the supervision.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-05-23 - Effective on 9/1/23 [HB1088 Detail]

Download: Texas-2023-HB1088-Enrolled.html
 
 
  H.B. No. 1088
 
 
 
 
AN ACT
  relating to the representation of a community supervision and
  corrections department in cases in which a person under the
  supervision of that department challenges the fact or duration of
  the supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 76.006, Government Code, is amended by
  amending Subsection (d) and adding Subsection (d-1) to read as
  follows:
         (d)  The attorney general has the duty to defend a department
  for suits for injunctive, declaratory, or monetary relief brought
  against it for any action not covered by an indemnification policy,
  except any action brought by the state or another political
  subdivision.
         (d-1)  If a person under the supervision of a department
  challenges the fact or duration of the supervision, the attorney
  general or the district or county attorney with jurisdiction over
  the offense for which the person is under supervision shall defend
  the department or its employees. The attorney general must defend
  the department or its employees in a case described by this
  subsection if the district or county attorney is unable to defend
  the department or its employees, as applicable. At the request of a
  district or county attorney, the [The] attorney general may provide
  assistance to the district or county attorney in defending [shall
  not defend] a department or its employees in cases described by this
  subsection [in which a person under supervision challenges the fact
  or duration of the supervision].
         SECTION 2.  Section 76.006(d-1), Government Code, as added
  by this Act, applies only to a case described by that subsection
  that is initiated on or after the effective date of this Act. A case
  that is initiated before the effective date of this Act is governed
  by the law in effect on the date the case was initiated, and the
  former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1088 was passed by the House on April
  11, 2023, by the following vote:  Yeas 141, Nays 3, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1088 was passed by the Senate on May
  9, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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