Bill Text: TX HB4338 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB4338 Detail]
Download: Texas-2021-HB4338-Introduced.html
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: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB4338 Detail]
Download: Texas-2021-HB4338-Introduced.html
| 87R7083 JRR-D | ||
| By: A. Johnson of Harris | H.B. No. 4338 | |
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| relating to the duty of the attorney general to represent community | ||
| supervision and corrections departments in certain habeas corpus | ||
| proceedings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 76.006(d), Government Code, is amended | ||
| 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. The attorney general shall [ |
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| or its employees in a habeas corpus proceeding under Chapter 11, | ||
| Code of Criminal Procedure, [ |
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| supervision challenges the fact or duration of the supervision if | ||
| the attorney representing the state in the prosecution of the | ||
| offense for which the person was placed on community supervision | ||
| does not agree to represent the department or its employees, as | ||
| applicable, in the habeas corpus proceeding. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a habeas corpus proceeding for which an application for a writ of | ||
| habeas corpus is filed on or after the effective date of this Act. A | ||
| habeas corpus proceeding for which an application is filed before | ||
| the effective date of this Act is governed by the law in effect when | ||
| the application was filed, and the former law is continued in effect | ||
| for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
